Title: 

APD 031302

Significant Decision

Date: 

July 11, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031302

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 May 1, 2003. As to the sole issue before her, the hearing officer determined that the appellant’s (claimant) _____________, compensable injury does not extent to or include a cervical spine injury, vertigo, and/or headaches. The claimant appealed on sufficiency of the evidence grounds. The file does not contain a response from the respondent (self-insured).

DECISION

We affirm.

We have reviewed the complained-of determination regarding extent of injury and find that the hearing officer’s decision and order is supported by sufficient evidence to be affirmed. The disputed issue presented a question of fact for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a); Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence presented on the disputed issue. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Nothing in our review of the record reveals that the hearing officer’s determination is so contrary to the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to reverse that determination on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

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

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Thomas A. Knapp – Appeals Judge

Edward Vilano – Appeals Judge