Title: 

APD 002856

Significant Decision

Date: 

January 24, 2001

Issues: 

Extent of Injury

Table of Contents

APD 002856

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 November 20, 2000. The hearing officer resolved the disputed issue of extent of injury by deciding:

The appellant’s (claimant) compensable injury sustained on _________, does not include an injury to the claimant’s right wrist.

The claimant appealed, arguing that this determination was contrary to the evidence, and the respondent (carrier) replied that the hearing officer’s decision was 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.

There was conflicting evidence presented at the CCH on the disputed issue. The hearing officer’s determinations 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:

Kenneth A. Huchton – Appeals Judge

Robert W. Potts – Appeals Judge