Title: 

APD 031394

Significant Decision

Date: 

July 17, 2003

Issues: 

Existence of Compensable Inj, Extent of Injury, Timely Contest by Carrier

Table of Contents

APD 031394

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 6, 2003. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on _____________; that the claimed injury of _____________, does not extend to and include the lower back; and that the respondent (self-insured) did not waive the right to contest the compensability of the lumbar injury under Section 409.021. The claimant appealed and the self-insured responded.

DECISION

Affirmed.

Conflicting evidence was presented on the three disputed issues of compensable injury, extent of injury, and waiver. 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 determinations on the disputed issues are supported by sufficient evidence and that they are 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 certified self-insured) and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Robert W. Potts

CONCUR:

Chris Cowan – Appeals Judge

Edward Vilano – Appeals Judge