Title: 

APD 031535

Significant Decision

Date: 

July 21, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031535

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on May 15, 2003. The hearing officer determined that the appellant’s (claimant) ______________, compensable injury does not extend to or include headaches, blurred vision, and an injury to the cervical spine and shoulders. The claimant appeals this determination. The respondent (carrier) urges affirmance of the hearing officer’s decision.

DECISION

Affirmed.

Extent of injury is a factual question for the hearing officer to resolve. Section 410.165(a) provides that the CCH officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given to the evidence. It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). The hearing officer was not persuaded by the evidence that the claimant satisfied her burden of proving that the compensable injury includes the alleged conditions. Nothing in our review of the record reveals that the hearing officer’s decision is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

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

NICHOLAS PETERS

12801 NORTH CENTRAL EXPRESSWAY, SUITE 100

DALLAS, TEXAS 75243.

Chris Cowan

CONCUR:

Margaret L. Turner – Appeals Judge

Edward Vilano – Appeals Judge