Title: 

APD 031615

Significant Decision

Date: 

August 7, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031615

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 19, 2003. The hearing officer determined that the compensable injury of ______________, does not extend to and include an injury to the right knee and soft tissue strain/sprain of the low back. The appellant (claimant) appeals on sufficiency of the evidence grounds. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the compensable injury does not extend to and include an injury to the right knee and soft tissue strain/sprain of the low back. This determination involved a question of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence including the 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).

The decision and order of the hearing officer is 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

12807 NORTH CENTRAL EXPRESSWAY, SUITE 100

DALLAS, TEXAS 75243.

Edward Vilano – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Veronica L. Ruberto – Appeals Judge