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 February 7, 2024, with the record closing on June 19, 2024, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ determined the disputed issues by deciding that: (1) the compensable injury of (date of injury), does not extend to a left shoulder rotator cuff tear, large left retracted full thickness tear of the supraspinatus, left high grade partial thickness articular tear of the superior fibers of the subscapularis, or broken teeth numbers 9, 10, 23, 24, or 25; (2) the appellant/cross-respondent (claimant) has not reached maximum medical improvement (MMI); and (3) because the claimant has not reached MMI, an impairment rating (IR) is premature.
The claimant appealed, disputing the ALJ’s extent-of-injury determination. The respondent/cross-appellant (carrier) responded to the claimant’s appeal, urging affirmance of the extent-of-injury determination. The carrier cross-appealed, contending that the parties never stipulated that the anomaly of the tooth position of fully erupted teeth included numbers 10 and 25. The appeal file does not contain a response from the claimant to the carrier’s cross-appeal. The ALJ’s determination that the claimant has not reached MMI and therefore, an IR is premature was not appealed and has become final pursuant to Section 410.169.
DECISION
Affirmed as reformed.
The claimant testified that he was injured when the torque of a tool he was using caused the circuit box he was working on to flip up and hit him in the mouth. The parties stipulated, in part, that the claimant sustained a compensable injury on (date of injury), and that the Texas Department of Insurance, Division of Workers’ Compensation (Division) appointed (Dr. C) as designated doctor to opine on the issues of the extent of the compensable injury, MMI, and IR.
The ALJ 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. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.—Houston [14th Dist.] 1984, no writ). As an appellate reviewing tribunal, the Appeals Panel will not disturb challenged factual findings of an ALJ absent legal error, unless they are 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
The ALJ’s determination that the compensable injury of (date of injury), does not extend to a left shoulder rotator cuff tear, large left retracted full thickness tear of the supraspinatus, left high grade partial thickness articular tear of the superior fibers of the subscapularis, or broken teeth numbers 9, 10, 23, 24, or 25, is supported by sufficient evidence and is affirmed.
A review of the record reflects that the parties stipulated, in part, that on (date of injury), the claimant sustained a compensable injury at least in the form of a contusion to the mouth, contusion of the lip, an open wound of the lip, and anomaly of the tooth position of fully erupted teeth at numbers 9, 23, and 24. However, in Finding of Fact No. 1.D. the ALJ stated that the parties stipulated that “[o]n (date of injury), the claimant sustained a compensable injury at least in the form of a contusion to the mouth, contusion of the lip, an open wound of the lip, and anomaly of the tooth position of fully erupted teeth at numbers 9, 10, 23, 24, or 25.” We reform Finding of Fact No. 1.D to conform to the evidence as follows: On (date of injury), the claimant sustained a compensable injury at least in the form of a contusion to the mouth, a contusion of the lip, an open wound to the lip, and anomaly of tooth position of fully erupted teeth to numbers 9, 23, and 24.
The true corporate name of the insurance carrier is AIU INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
211 EAST 7TH STREET, SUITE 620
AUSTIN, TEXAS 78701-3218.
Margaret L. Turner – Appeals Judge
CONCUR:
Cristina Beceiro – Appeals Judge
Carisa Space-Beam – Appeals Judge