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APD 041980
October 4, 2004

APD 041980

October 4, 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 26, 2004. The hearing officer resolved the disputed issue by deciding that the compensable injury sustained on ______________, includes degenerative disc disease, spondylosis and herniated disc at L4-5 and L5-S1. The appellant (carrier) appealed, contending that the respondent (claimant) failed to establish that her compensable injury extends to include degenerative disc disease, spondylosis and herniated disc at L4-5 and L5-S1. The claimant responded, urging affirmance.



The sole issue before the hearing officer was the extent of the claimant’s ______________, compensable injury. 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). 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).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is SENTRY INSURANCE A MUTUAL COMPANY and the name and address of its registered agent for service of process is



ROUND ROCK, TEXAS 78664-4463.

Margaret L. Turner


Daniel R. Barry
Appeals Judge

Veronica L. Ruberto
Appeals Judge