Title: 

APD 002819

Significant Decision

Date: 

January 8, 2001

Issues: 

Extent of Injury

Table of Contents

APD 002819

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On November 15, 2000, a hearing was held. The appellant (claimant) appealed. The respondent (carrier) responded.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant’s right shoulder injury is not a result of the claimant’s compensable injury sustained on __________. The hearing officer must determine whether the claimant’s right shoulder injury was the direct and natural result of the claimant’s original compensable injury to the right knee. See Texas Workers’ Compensation Commission Appeal No. 950524, decided May 19, 1995. There was conflicting evidence presented at the hearing regarding this issue. 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 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

Gary L. Kilgore – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Kenneth A. Huchton – Appeals Judge