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APD 041606
August 19, 2004

APD 041606

August 19, 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 April 19, 2004. The hearing officer determined that the appellant’s (claimant) compensable injury of ______________, does not include left-sided lower extremity radiculopathy, and that the claimant had disability beginning on November 1, 2002, and continuing through November 24, 2002, and beginning on February 11, 2003, and continuing through the date of the hearing. The claimant appealed the determination regarding extent of injury on sufficiency of the evidence grounds. The respondent (self-insured) responded, urging affirmance. The hearing officer’s disability determination was not appealed and is, therefore, final. Section 410.169.



Extent of injury is a question of fact. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). This is equally true regarding medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The trier of fact may believe all, part, or none of the testimony of any witness. Taylor v. Lewis, 553 S.W.2d 153, 161 (Tex. Civ. App.-Amarillo 1977, writ ref'd n.r.e.); Aetna Insurance Co. v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). Although there was conflicting evidence, the hearing officer was not persuaded by the evidence presented by the claimant that the compensable injury includes left-sided lower extremity radiculopathy. In view of the evidence presented, we cannot conclude that the hearing officer’s determination is 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 hearing officer’s decision and order are 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




Daniel R. Barry
Appeals Judge


Judy L. S. Barnes
Appeals Judge

Thomas A. Knapp
Appeals Judge