Title: 

APD 031065

Significant Decision

Date: 

June 18, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031065

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 26, 2003. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) ____________, compensable injury includes the claimant’s right hip, but does not extend to an injury to the left hip. The appellant (self-insured) appealed the hearing officer’s determination that the compensable injury includes the right hip. The claimant responded, requesting affirmance. There is no appeal of the hearing officer’s determination that the compensable injury does not extend to the left hip.

DECISION

Affirmed.

The disputed issue presented a question of fact for the hearing officer to determine from the evidence presented. 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. We conclude that the hearing officer’s decision that the claimant’s compensable injury includes the right hip is supported by sufficient evidence and is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

CHIEF EXECUTIVE OFFICER

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Robert W. Potts

CONCUR:

Judy L. S. Barnes – Appeals Judge

Thomas A. Knapp – Appeals Judge