Title: 

APD 041204

Significant Decision

Date: 

July 8, 2004

Issues: 

Extent of Injury

Table of Contents

APD 041204

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 20, 2004, with the record closing on April 21, 2004. The hearing officer determined that the appellant’s (claimant) _______________, compensable injury does not extend to or include the injuries of lumbar sprain/strain; sciatic nerve damage; post concussion syndrome; traumatic brain injury; axonal shearing; facial drooping; dark circles around eyes; sunken eye socket; eye pain; extreme sensitivity to light and sound; hearing problems; high blood pressure; hypertension; memory loss; problems with concentration, focus, and ability to attend; mental fatigue; irritability; and bilateral carpal tunnel syndrome. The claimant appealed, and the respondent (self-insured) responded, urging affirmance.

DECISION

Affirmed.

On appeal, the claimant asserts numerous points of error, including error related to issues which were not certified to be heard at the CCH. We have reviewed the voluminous record in this case, and perceive no reversible error on the part of the hearing officer. The sole issue certified to be decided at the CCH was extent of injury. The issue of extent of injury involves a factual question for the hearing officer to resolve. 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 was not persuaded by the claimant’s evidence that she met her burden of proof on the disputed issue. We conclude that the hearing officer’s determination on the appealed issue 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 decision and order of the hearing officer.

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

SUPERINTENDENT

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Daniel R. Barry

CONCUR:

Thomas A. Knapp – Appeals Judge

Margaret L. Turner – Appeals Judge