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 22, 2003. The hearing officer resolved the disputed issue by deciding that the compensable injury does not extend to include an injury to the neck and lumbar spine in addition to an injury to the left shoulder and ribs. The appellant (claimant) appeals, arguing that the determination is against the great weight and preponderance of the evidence. The respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
It is undisputed that the claimant sustained a compensable injury. The disputed issue is whether the compensable injury of ______________, extends to the neck and lumbar spine. Extent of injury is a factual determination for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The hearing officer was not persuaded that the compensable injury extended to include the neck and lumbar spine. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it 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 decision and order of the hearing officer.
The true corporate name of the insurance carrier is CONTINENTAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Margaret L. Turner
CONCUR:
Chris Cowan – Appeals Judge
Veronica L. Ruberto – Appeals Judge