Title: 

APD 031538

Significant Decision

Date: 

July 22, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031538

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 14, 2003. The hearing officer resolved the disputed issue by deciding that the compensable injury of ______________, does not include degenerative arthritis of the lumbar spine, a posterior central disc bulge and spinal stenosis at L4-L5, and mild facet hypertrophy at L5-S1. The appellant (claimant) appealed, essentially on sufficiency of the evidence. The respondent (carrier) responded, urging affirmance.

DECISION

Affirmed.

The sole issue before the hearing officer was extent of injury. Extent of injury is a question of fact. 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 Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). This is equally true regarding medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). In view of the evidence presented, we cannot conclude that the hearing officer’s determination 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, 176 (Tex. 1986).

Although the claimant did not attach new evidence to her appeal, she did request that the Appeals Panel “view all medical from 1998.” We note that the Appeals Panel considers only the record developed at the CCH. Section 410.203(a)(1). The claimant alleges in her appeal that the hearing officer failed to review evidence in reaching her determination. We note that the hearing officer is not required to detail all of the evidence in the decision and order. See Texas Workers’ Compensation Commission Appeal No. 93164, decided April 19, 1993. Nothing in our review indicates that evidence admitted into the record at the CCH was not fully considered by the hearing officer.

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is ACE INSURANCE COMPANY OF TEXAS and the name and address of its registered agent for service of process is

JAVIER GONZALEZ

3421 WEST WILLIAM CANNON DRIVE, SUITE 131, PMB 113

AUSTIN, TEXAS 78745.

Margaret L. Turner

CONCUR:

Chris Cowan – Appeals Judge

Thomas A. Knapp – Appeals Judge