Title: 

APD 031266

Significant Decision

Date: 

June 30, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 031266

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 April 8, 2003. The hearing officer decided the compensable injury of _____________, does extend to and include an injury to the cervical spine at C4-5, C5-6, and C6-7; and that the (respondent) claimant does have disability from August 8, 2001, and continuing though February 3, 2002. The appellant (carrier) appeals, contending that the hearing officer’s determinations are against the great weight and preponderance of the evidence. There is no response from the claimant contained in our file.

DECISION

Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.

The issues before the hearing officer regarded the extent of the compensable injury and disability. Conflicting evidence was presented regarding the issues. 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. We have held that the question of the extent of injury is a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. The claimant’s disability claim is premised upon her extent of injury claim. The hearing officer determined that the claimant did prove her injury extended to the other problems alleged and that she had disability during the time period claimed. The hearing officer’s decision 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, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is PACIFIC EMPLOYERS INSURANCE COMPANY and the name and address of its registered agent for service of process is

ROBIN MOUNTAIN, ACE USA

6600 EAST CAMPUS CIRCLE DRIVE, SUITE 200

IRVING, TEXAS 75063.

Gary L. Kilgore

CONCUR:

Chris Cowan – Appeals Judge

Robert W. Potts – Appeals Judge