Title: 

APD 030360

Significant Decision

Date: 

March 12, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030360

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 2, 2003. The hearing officer determined that the appellant’s (claimant) conditions of dizziness, muscle spasms, headaches, and tremors are not a result of the compensable injury of ___________, and that the claimant had disability from August 20 through August 23, 2002, but not thereafter. The claimant appeals and the respondent (carrier) responds, urging affirmance.

DECISION

Affirmed.

Whether the claimant sustained the condition of dizziness, muscle spasms, headaches, and tremors as a result of the compensable injury of ___________, and whether the claimant had disability are factual questions for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We have reviewed the matters complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is LIBERTY MUTUAL FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Roy L. Warren – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Edward Vilano – Appeals Judge