Title: 

APD 031697

Significant Decision

Date: 

August 8, 2003

Issues: 

Extent of Injury

Table of Contents

APD 031697

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 27, 2003. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of ______________, does not extend to or include any injury to the cervical, thoracic, or lumbar areas. The claimant appeals, contending that the hearing officer erred in his determination of the disputed issue. The respondent (carrier) responds, asserting that the hearing officer’s decision is supported by the evidence.

DECISION

Affirmed.

The claimant had the burden to prove that her compensable injury includes an injury to her cervical, thoracic, and lumbar areas. Conflicting evidence, including conflicting medical opinions, was presented at the CCH. 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. Although there is conflicting evidence in this case, we conclude that the hearing officer’s decision is supported by sufficient evidence and is 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 self-insured governmental entity) and the name and address of its registered agent for service of process is

SUPERINTENDENT

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Robert W. Potts

CONCUR:

Judy L. S. Barnes – Appeals Judge

Elaine M. Chaney – Appeals Judge