Title: 

APD 030248

Significant Decision

Date: 

March 20, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030248

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 January 13, 2003. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of _____________, does not include an injury to the cervical spine at C4-5, C5-6, and C6-7. The claimant appealed. No response was received from the respondent (carrier).

DECISION

Affirmed.

It is undisputed that the claimant sustained a compensable injury. Conflicting evidence was presented on the disputed issue. 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. We conclude that the hearing officer’s decision is supported by sufficient evidence and is 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 LM INSURANCE CORPORATION and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL STREET, SUITE 2900

DALLAS, TEXAS 75201.

Robert W. Potts – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Terri Kay Oliver – Appeals Judge