Title: 

APD 002895

Significant Decision

Date: 

January 30, 2001

Issues: 

Entitlmnt/Lifetime Income Ben

Table of Contents

APD 002895

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On November 21, 2000, a hearing was held. The hearing officer resolved the disputed issue by deciding that the appellant (claimant) is not entitled to lifetime income benefits (LIBs). The claimant appealed and the respondent (carrier) responded.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant is not entitled to LIBs. The claimant sustained a compensable repetitive trauma injury to her upper extremities on ________. There was conflicting evidence presented with regard to the issue of whether the claimant is entitled to LIBs based on the total and permanent loss of use of both hands. The hearing officer’s decision is supported by sufficient evidence and is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust.

The hearing officer’s decision and order are affirmed.

Robert W. Potts – Appeals Judge

CONCUR:

Kenneth A. Huchton – Appeals Judge

Thomas A. Knapp – Appeals Judge