Title: 

APD 002456

Significant Decision

Date: 

December 5, 2000

Issues: 

Extent of Injury

Table of Contents

APD 002456

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 October 9, 2000. The hearing officer determined that the _________, compensable injury of the appellant (claimant) extended to her left palm, but not to her left elbow. Claimant appealed the adverse determination regarding her elbow. The respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

Claimant contends that the hearing officer erred in determining that the scope of her compensable left wrist injury did not include her left elbow. It is undisputed that claimant sustained a compensable left wrist injury on _________, while mopping. Claimant’s doctors diagnosed a wrist hyperextension and a ganglion cyst, but Dr. C, claimant’s surgeon, stated that claimant actually had a tearing injury and that he found an anomalous extensor muscle that had become hypertrophic. Briefly, claimant testified that she had surgery on her wrist in April 2000, that she still has a lump in her palm, and that she has pain radiating up to her left elbow.

The applicable law and our appellate standard of review are discussed in Texas Workers’ Compensation Commission Appeal No. 001909, decided September 27, 2000. The hearing officer determined that claimant did not meet her burden of proof regarding a left elbow injury. This issue involved a fact question for the hearing officer, which he resolved. The hearing officer could decide to believe all, none, or any part of the evidence. Appeal No. 001909. He decided what weight to give to the evidence, including the medical evidence. After reviewing briefs and the record, we conclude that the hearing officer’s determination is not 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 hearing officer’s decision and order.

Judy L. Stephens

CONCUR:

Kathleen C. Decker – Appeals Judge

Robert W. Potts – Appeals Judge