Title: 

APD 030754

Significant Decision

Date: 

May 12, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030754

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 24, 2003. The hearing officer determined that the compensable injury of _____________, extends to and includes a disc injury at C6-7. The appellant (carrier) appeals the determination on sufficiency of the evidence grounds. The respondent (claimant) did not file a response.

DECISION

Affirmed.

The hearing officer did not err in determining that the compensable injury extends to and includes a disc injury at C6-7. The determination involved a question of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determination 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 decision and order of the hearing officer are affirmed.

The true corporate name of the insurance carrier is CONTINENTAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Edward Vilano

CONCUR:

Judy L. S. Barnes – Appeals Judge

Chris Cowan – Appeals Judge