Title: 

APD 022916

Significant Decision

Date: 

December 16, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022916

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 18, 2002. The hearing officer determined that the appellant’s (claimant) compensable (left arm and lumbar spine) injury of ____________, does not include an injury to the cervical spine.

The claimant appealed, contending that her compensable fall did include an injury to her neck. The respondent (carrier) responds urging affirmance.

DECISION

Affirmed.

It is undisputed that the claimant, a donut maker, had a compensable fall on ____________, when she slipped and fell, hitting her left elbow on a table and falling on her buttocks. The early medical reports do not mention neck or cervical complaints. The hearing officer discusses the medical evidence in some detail and that will not be repeated here.

We have reviewed the complained-of determination and conclude that the extent- of-injury issue involved a fact question for the hearing officer to resolve. The hearing officer reviewed the record and decided what facts were established. We find that the hearing officer’s determinations are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Thomas A. Knapp – Appeals Judge

CONCUR:

Robert W. Potts – Appeals Judge

Margaret L. Turner – Appeals Judge