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APD 042217
October 18, 2004

APD 042217

October 18, 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 22, 2004. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) sustained a compensable injury on ______________; that the claimant did not suffer herniation at L5-S1 as a result of the injury of ______________; and that the claimant did not have disability as a result of the injury of ______________. The claimant appealed, disputing the extent-of-injury and disability determinations. The respondent (carrier) responded, urging affirmance of the disputed determinations. The compensable injury determination has not been appealed and has become final pursuant to Section 410.169.



The disputed extent-of-injury and disability issues presented questions of fact for the hearing officer to resolve. Conflicting evidence was presented on the disputed issues. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). It is for the hearing officer to resolve the inconsistencies and conflicts in the evidence and to decide what facts the evidence has established. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Nothing in our review of the record reveals that the hearing officer’s extent-of-injury and disability determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb those determinations on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is


701 BRAZOS, SUITE 1050


Margaret L. Turner


Daniel R. Barry
Appeals Judge

Veronica L. Ruberto
Appeals Judge