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APD 042001
October 5, 2004

APD 042001

October 5, 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 8, 2004. The hearing officer determined that the decision of the Independent Review Organization (IRO), denying the respondent’s (claimant) request for spinal surgery, is not supported by a preponderance of the evidence. The appellant (carrier) appeals this determination on sufficiency of the evidence grounds. The claimant urges affirmance.



The hearing officer did not err in determining that the IRO’s decision, denying the claimant’s request for spinal surgery, is not supported by a preponderance of the evidence. This determination involved a question 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 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 decision and order of the hearing officer is 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




Edward Vilano


Chris Cowan
Appeals Judge

Robert W. Potts
Appeals Judge