Title: 

APD 032119

Significant Decision

Date: 

September 30, 2003

Issues: 

Extent of Injury

Table of Contents

APD 032119

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 July 11, 2003. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of ______________ includes the claimant’s current diagnosis of right shoulder myofascitis. The appellant (carrier) appeals, contending that the hearing officer’s decision is not supported by sufficient evidence and is against the great weight of the evidence. No response was received from the claimant.

DECISION

Affirmed.

The claimant had the burden to prove the extent of his compensable injury. Conflicting evidence was presented on the disputed issue. 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. The hearing officer’s decision is supported by the claimant’s testimony and by the opinion of the treating doctor. 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 SECURITY INSURANCE COMPANY OF HARTFORD and the name and address of its registered agent for service of process is

CORPORATION SERVICES COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Robert W. Potts

CONCUR:

Gary L. Kilgore – Appeals Judge

Margaret L. Turner – Appeals Judge