Title: 

APD 032877

Significant Decision

Date: 

December 12, 2003

Issues: 

Extent of Injury, Timely Contest by Carrier

Table of Contents

APD 032877

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 1, 2003. The hearing officer determined that the ______________, compensable injury of respondent (claimant) extends to and includes an injury to the lumbar spine, and that appellant (carrier) has not waived the right to dispute compensability of the claimed injury. Carrier appealed the hearing officer’s determination regarding extent of injury on sufficiency grounds. Claimant responded, urging affirmance. The hearing officer’s determination regarding carrier waiver was not appealed and is now final. Section 410.169.

DECISION

We affirm.

We have reviewed the complained-of determination regarding extent of injury and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer commented that claimant was credible about the mechanism of his injury and that he met his burden of proof. We conclude that the hearing officer’s determination is supported by the record and is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

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

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Chris Cowan – Appeals Judge

Robert W. Potts – Appeals Judge