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APD 041346
July 21, 2004

APD 041346

July 21, 2004

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 May 4, 2004. The hearing officer determined that: (1) the compensable injury of _____________, does not include an injury to the low back consisting of L3-4 disc dehydration, desiccation and central stenosis and L4-5 disc herniation and stenosis with hypertrophy of the ligamentous flavum; and (2) the appellant (claimant) did not have disability as a result of the compensable injury of _____________. The claimant appeals these determinations on sufficiency of the evidence grounds. The respondent (carrier) urges affirmance.



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 LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is




Edward Vilano


Gary L. Kilgore
Appeals Judge

Margaret L. Turner
Appeals Judge