Title: 

APD 022802

Significant Decision

Date: 

December 19, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 022802

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 October 8, 2002. The hearing officer determined that the ____________, compensable injury of respondent (claimant) extends to include a cervical spine herniation injury at C3-4, C4-5, and C5-6 and that claimant had disability from February 6, 2001, through June 3, 2002. Appellant (carrier) appealed these determinations on sufficiency grounds. Claimant responded, urging affirmance.

DECISION

We affirm.

Carrier contends that the hearing officer erred in making the extent and disability determinations in this case. 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 determinations 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 affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is ZURICH NORTH AMERICA and the name and address of its registered agent for service of process is

BEN SCHROEDER

ZURICH NORTH AMERICA

12222 MERIT DRIVE, SUITE 700

DALLAS, TEXAS 75251.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Veronica L. Ruberto – Appeals Judge