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APD 041939
September 29, 2004

APD 041939

September 29, 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 July 12, 2004. The hearing officer determined that the respondent’s (claimant) _______________, compensable injury extends to include the cervical spine, but not the lumbar spine, and that the claimant had disability from February 2 through May 12, 2004. The appellant (carrier) appealed the extent-of-injury determination, as it relates to the cervical spine, and the disability determination. The appeal file contains no response from the claimant.



The disputed issues in this case presented factual questions 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 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)). It was the hearing officer's prerogative to believe all, part, or none of the testimony of any witness. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). Nothing in our review of the record demonstrates that the challenged determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb the hearing officer’s decision on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is FIDELITY & GUARANTY INSURANCE COMPANY and the name and address of its registered agent for service of process is


701 BRAZOS, SUITE 1050


Chris Cowan


Veronica L. Ruberto
Appeals Judge

Margaret L. Turner
Appeals Judge