Title: 

APD 032828

Significant Decision

Date: 

December 3, 2003

Issues: 

Extent of Injury

Table of Contents

APD 032828

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 9, 2003. The hearing officer resolved the disputed issue by deciding that the compensable injury of ____________, does not include or extend to include a herniated disc at C4-5, a herniated disc at C5-6, nor cervical degenerative disc disease. The appellant (claimant) appealed, disputing the extent-of-injury determination. The respondent (carrier), responded, urging affirmance.

DECISION

Affirmed.

The claimant had the burden to prove the extent of her compensable injury. 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 determination that the compensable injury does not include or extend to include a herniated disc at C4-5, a herniated disc at C5-6, nor cervical degenerative disc disease 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 find no merit in the claimant’s contention that the hearing officer did not read every single statement from the physical therapists and findings from every doctor. We note that the hearing officer is not required to detail all of the evidence in the decision and order. See Texas Workers’ Compensation Commission Appeal No. 93164, decided April 19, 1993. Nothing in our review indicates that all of the claimant’s evidence was not fully considered by the hearing officer.

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

MR. RUSSELL R. OLIVER, PRESIDENT

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Margaret L. Turner

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge