Title: 

APD 030710

Significant Decision

Date: 

April 29, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030710

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 3, 2003. The hearing officer determined that the appellant’s (claimant) _____________, compensable injury does not extend to or include an injury to the lower back. The claimant appeals the extent-of-injury determination. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Whether the claimant’s compensable injury includes his lower back was a factual question for the hearing officer to resolve. Conflicting evidence was presented at the hearing on the disputed issue 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 is TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Edward Vilano

CONCUR:

Daniel R. Barry – Appeals Judge

Thomas A. Knapp – Appeals Judge