Title: 

APD 030689

Significant Decision

Date: 

May 6, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030689

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 February 10, 2003. With respect to the single issue before him, the hearing officer determined that the appellant’s (claimant) compensable injury of ______________, does not extend to and include a herniated disc at L4-5. In his appeal, the claimant essentially challenges that determination as being against the great weight of the evidence. In its response to the claimant’s appeal, the respondent (carrier) urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant’s compensable injury of ______________, does not extend to and include a disc herniation at L4-5. That issue presented a question of fact for the hearing officer to resolve. There was conflicting evidence on the issue of whether the claimant herniated his L4-5 disc in the motor vehicle accident of ______________. The hearing officer was acting within his province as the fact finder in resolving the conflicts in the evidence against the claimant. Our review of the record does not reveal that the challenged determination is so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Therefore, no sound basis exists for us to reverse that determination on appeal. Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986); Cain v. Bain, 709 S.W.2d 175 (Tex. 1986). In addition, no basis exists for us to disturb the hearing officer’s decision even though another fact finder may well have drawn different inferences from the evidence, which would have supported a different result. Salazar v. Hill, 551 S.W.2d 518 (Tex. Civ. App.-Corpus Christi 1977, writ ref’d n.r.e.).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is FIDELITY AND GUARANTY INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Elaine M. Chaney

CONCUR:

Judy L. S. Barnes – Appeals Judge

Gary L. Kilgore – Appeals Judge