Title: 

APD 030775

Significant Decision

Date: 

May 13, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030775

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 March 4, 2003. With respect to the sole disputed issue before her, the hearing officer determined that the appellant’s (claimant) _____________, compensable injury to her left wrist, does not extend to or include her low back. The claimant appeals, arguing that the medical records prove that she injured her low back on the date of injury, and that her injured left knee, and resulting altered gait, aggravated her low back injury. The respondent (carrier) responds, arguing that the record supports the hearing officer, and urging that she be affirmed in all respects.

DECISION

Finding no reversible error, we affirm.

We first note that the claimant made a supplemental filing to the Appeals Panel, transmitted and received via facsimile transmission on April 16, 2003. Because the Decision and Order were mailed March 14, 2003, and received by the claimant March 17, 2003, the claimant’s appeal was due to be transmitted or post-marked to the Texas Workers’ Compensation Commission (Commission) no later than April 7, 2003, and received by the Commission no later than April 14, 2003. Therefore, the supplemental filing is untimely and will not be considered.

We have reviewed the complained-of determination. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer was acting within her province as the fact finder in resolving the conflicting evidence in the manner in which she did, and nothing in our review of the record demonstrates that the hearing officer’s determination is so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex. 1986); 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 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 STREET, SUITE 2900

DALLAS, TEXAS 75201.

Thomas A. Knapp – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge