Title: 

APD 041315

Significant Decision

Date: 

July 8, 2004

Issues: 

Extent of Injury

Table of Contents

APD 041315

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 May 5, 2004. The hearing officer determined that the respondent’s (claimant) compensable injury of ________________, extends to and includes chronic pain syndrome and depression. The appellant (self-insured) appealed the hearing officer’s determination based on sufficiency of the evidence grounds. The claimant responded, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determination and conclude that the extent-of-injury issue involved a fact question for the hearing officer. 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)). The hearing officer reviewed the record and decided what facts were established. In the instant case the hearing officer was persuaded by the claimant’s testimony and Dr. G medical report dated September 24, 2003, that as a natural result of the claimant’s compensable injury of ________________, the claimant developed chronic pain and depression. 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 (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).

Veronica L. Ruberto – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Margaret L. Turner – Appeals Judge