Title: 

APD 040638

Significant Decision

Date: 

May 11, 2004

Issues: 

Extent of Injury

Table of Contents

APD 040638

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 February 18, 2004. The hearing officer decided that: (1) the appellant’s (claimant) compensable injury of _____________, does not extend to include an injury to his right eye, causing glaucoma; and (2) the compensable injury of _____________, does not extend to and include an aggravation of the end stage glaucoma resulting in a restriction of vision in the right eye to “light perception only.” The claimant appeals these determinations on sufficiency of the evidence grounds. No response was filed.

DECISION

Affirmed.

The hearing officer did not err in making the complained-of determinations. The determinations involved questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determinations are 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).

The decision and order of the hearing officer is affirmed.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

CITY SECRETARY

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Edward Vilano

CONCUR:

Judy L. S. Barnes – Appeals Judge

Daniel R. Barry – Appeals Judge