Title: 

APD 022536

Significant Decision

Date: 

November 8, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022536

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on September 3, 2002. The hearing officer determined that the compensable injury sustained by the appellant (claimant) on ____________, does not extend to or include her lumbar spine. The claimant appeals this determination. The respondent (carrier) urges affirmance of the hearing officer’s decision.

DECISION

We affirm.

Conflicting evidence was presented on the extent-of-injury issue. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. We conclude that the hearing officer’s findings of fact in this regard are supported by sufficient evidence and are not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986). We note that a hearing officer is charged with the responsibility to conduct the hearing in a manner that leads to the full development of the record. Section 410.163(b). We perceive no error in the manner in which the hearing officer conducted the hearing.

The hearing officer’s decision and order is affirmed.

The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 78201.

Judy L. S. Barnes

CONCUR:

Thomas A. Knapp – Appeals Judge

Robert W. Potts – Appeals Judge