Title: 

APD 020309

Significant Decision

Date: 

March 26, 2002

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 020309

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 January 16, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable repetitive trauma injury to both her hands and wrists on ______________, and that she had disability resulting therefrom beginning on March 6 and continuing through August 16, 2001, and beginning on September 26, 2001, and continuing through the date of the CCH. The appellant (carrier) appealed the hearing officer’s determinations on sufficiency grounds, and the claimant responded, urging affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable repetitive trauma injury to both her hands and wrists on ______________, and that she had disability resulting therefrom beginning on March 6 and continuing through August 16, 2001, and beginning on September 26, 2001, and continuing through the date of the CCH. The record includes medical reports indicating that the claimant indeed sustained some form of injury to her left and right wrists and hands, more prominent on the right, with some reports indicating carpal tunnel syndrome. The claimant testified at length and in some detail that, as a meat cutter/packer, she repeatedly performed traumatic motions with her upper extremities. The carrier introduced a medical record actually showing the claimant being diagnosed with another “repetitive” type injury, right elbow epicondylitis; however, that diagnosis did not specifically exclude an injury to the hands/wrists. The parties presented conflicting evidence regarding each issue. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the carrier is HIGHLANDS INSURANCE COMPANY and the name and address of its registered agent for service of process is

HIGHLANDS INSURANCE GROUP

JAMES W. HOOKER

10370 RICHMOND AVENUE

HOUSTON, TEXAS 77042.

Terri Kay Oliver – Appeals Judge

CONCUR:

Philip F. O’Neill – Appeals Judge

Robert W. Potts – Appeals Judge