Title: 

APD 020578

Significant Decision

Date: 

April 17, 2002

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 020578

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 February 5, 2002. The hearing officer resolved the disputed issues before her by determining that the appellant (claimant) did not sustain a compensable repetitive trauma injury with a date of injury of _______________; that the claimed injury does not include right carpal tunnel syndrome (CTS); and that since there is no compensable injury, there is no disability.

DECISION

Affirmed.

The issues of whether the claimant sustained a compensable injury, whether the compensable injury included right CTS, and whether the claimant had disability were questions of fact for the hearing officer. The hearing officer is the sole judge of the relevance and materiality of the evidence and of its weight and credibility. Section 410.165(a). The hearing officer resolves conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). When reviewing a hearing officer’s decision, we will reverse such decision only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex. 1986).

The claimant contends that the hearing officer’s injury, extent-of-injury, and disability determinations are against the great weight of the evidence. In so arguing, the claimant asserts that the hearing officer improperly interpreted the medical evidence and his description of how he was injured. The hearing officer resolved the conflicts and inconsistencies in the evidence in favor of the carrier, and she was acting within her province as the fact finder in so doing. Our review of the record does not demonstrate that the challenged determinations are so contrary to the great weight of the evidence as to be clearly wrong or manifestly unjust. Therefore, no sound basis exists for us to reverse those determinations on appeal. Cain; Pool.

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA and the name and address of its registered agent for service of process is

C T CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Elaine M. Chaney – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Terri Kay Oliver – Appeals Judge