Title: 

APD 002695

Significant Decision

Date: 

December 29, 2000

Issues: 

Extent of Injury

Table of Contents

APD 002695

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on October 17, 2000. The hearing officer resolved the disputed issue of extent of injury by deciding:

The claimant’s compensable injury did not extend to include an injury to her left knee or to her left wrist.

The appellant (claimant) appealed arguing that the decision of the hearing officer was contrary to the evidence. The respondent (carrier) responded that the decision of the hearing officer was sufficiently supported by the evidence.

DECISION

Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.

The parties stipulated that the claimant sustained a compensable injury to her lower back, cervical spine, and left shoulder on _________. There was conflicting evidence presented at the CCH on the disputed issue. The initial medical records did not reflect any injury to the claimant’s left wrist or to her left knee. The claimant testified that she reported pain in these areas to the doctors who treated her initially. After the claimant changed treating doctors, medical records indicated that her compensable injury included an injury to her left wrist and left knee. The question of the extent of an injury is a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. The hearing officer’s determination on the issue 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).

The decision and order of the hearing officer are affirmed.

Gary L. Kilgore – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Thomas A. Knapp – Appeals Judge