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 October 2, 2003. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) _______________, compensable injury extends to and includes an injury to the cervical spine, including but not limited to the C3-4 protrusion of the cervical spine. The appellant (carrier) appealed, disputing the determination on sufficiency of the evidence grounds. The claimant responded, urging affirmance.
DECISION
Affirmed.
Extent of injury is a factual question 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). It is for the hearing officer to resolve the inconsistencies and conflicts in the evidence and to decide what facts the evidence has established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). In this instance, the hearing officer was persuaded that the claimant sustained his burden of proving the causal connection between his compensable injury and the condition of his cervical spine, including but not limited to the C3-4 protrusion of the cervical spine. The hearing officer was acting within his province as the fact finder in making these determinations. Nothing in our review of the record reveals that the hearing officer’s extent-of-injury determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb that determination on appeal. 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 AMERICAN CASUALTY INSURANCE COMPANY and the name and address of its registered agent for service of process is
HAROLD FISHER-PRESIDENT
3420 EXECUTIVE CENTER DRIVE, SUITE 200
AUSTIN, TEXAS 78731.
Margaret L. Turner
CONCUR:
Thomas A. Knapp – Appeals Judge
Edward Vilano – Appeals Judge