Title: 

APD 030548

Significant Decision

Date: 

March 27, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 030548

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 29, 2003. The hearing officer determined that the appellant’s (claimant) ______________, compensable injury does not extend to or include the lumbar spine and that the claimant had disability from October 30, 2001, through November 23, 2001, but not from November 24, 2001, through the date of the hearing. The claimant appeals the extent-of-injury determination and the determination that disability ended on November 23, 2001. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Whether the claimant’s compensable injury includes her lumbar spine and whether, and for which periods of time, the claimant had resulting disability were factual questions for the hearing officer to resolve. Conflicting evidence was presented at the hearing on the disputed issues in this case. 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 LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Chris Cowan

CONCUR:

Terri Kay Oliver – Appeals Judge

Robert W. Potts – Appeals Judge