Title: 

APD 031669

Significant Decision

Date: 

August 18, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Extent of Injury

Table of Contents

APD 031669

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 28, 2003. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) sustained a compensable injury on ______________; that the compensable injury does not extend to and include depression, anxiety, or an injury to the claimant’s neck, shoulders, and lumbar spine; and that the claimant has not had disability. The claimant appeals, contending that she proved that her compensable injury extends to include depression, anxiety, and an injury to her neck, shoulders, and lumbar spine, and that she has had disability since November 13, 2002. No response was received from the respondent (carrier). There is no appeal of the hearing officer’s determination that the claimant sustained a compensable injury on ______________.

DECISION

Affirmed.

Conflicting evidence was presented on the disputed issues of the extent of the compensable injury and disability. 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 appealed determinations on the disputed issues of the extent of the compensable injury and disability are supported by sufficient evidence and 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 AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

ROBERT PARNELL

8144 WALNUT HILL LANE, SUITE 1600

DALLAS, TEXAS 75231-4813.

Robert W. Potts

CONCUR:

Elaine M. Chaney – Appeals Judge

Chris Cowan – Appeals Judge