Title: 

APD 020399

Significant Decision

Date: 

April 4, 2002

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj, Extent of Injury

Table of Contents

APD 020399

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 January 24, 2002. The hearing officer determined that (1) the respondent (claimant) sustained a compensable injury on _____________; (2) the compensable injury extended to include cervical, lumbar, and bilateral shoulder strains; and (3) the claimant had disability beginning September 20, 2001, and continuing through November 4, 2001. The appellant (self-insured) appeals the determinations on sufficiency grounds. No response was filed by the claimant.

DECISION

Affirmed.

The hearing officer did not err in reaching the complained-of determinations. The determinations involved questions of fact for the hearing officer to resolve. The self-insured asserts that the claimant failed to establish to a medical probability that she sustained the claimed injuries as the result of lifting a 20-pound box at work. We have said that in a case where causation of the claimed injuries is within common knowledge, such as the one before us, expert medical evidence to a reasonable degree of medical probability is not required in order for the claimant to sustain her burden of proof. See Texas Workers’ Compensation Commission Appeal No. 93560, decided August 19, 1993; Houston General Insurance Company v. Pegues, 514 S.W.2d 492 (Tex. Civ. App.-Texarkana 1974, writ ref’d n.r.e.). The self-insured further asserts that the evidence does not establish a cervical injury and that the dates of disability, as found by the hearing officer, are incorrect. Upon our review, we cannot conclude that the hearing officer’s determinations 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 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

The true corporate name of the self-insured is (SELF-INSURED) and the name and address of its registered agent for service of process is

MANAGER

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Edward Vilano – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Philip F. O’Neill – Appeals Judge