Title: 

APD 023248

Significant Decision

Date: 

February 6, 2003

Issues: 

Extent of Injury

Table of Contents

APD 023248

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 November 25, 2002. The hearing officer determined that the compensable injury sustained by the respondent (claimant) on ______________, does not include lumbar degenerative disc disease, but does include lumbar stenosis, a herniated nucleus pulposus (HNP) at L4-5, and a HNP at L5-S1. The appellant (carrier) appeals this decision. The appeal file contains no response from the claimant.

DECISION

Affirmed.

Whether the claimant’s compensable injury included the alleged conditions was a factual question for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. Nothing in our review of the record indicates that the hearing officer’s decision is 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 is affirmed.

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

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750

AUSTIN, TEXAS 78701.

Chris Cowan – Appeals Judge

CONCUR:

Michael B. McShane

Appeals Panel

Manager/Judge

Edward Vilano – Appeals Judge