Title: 

APD 020646

Significant Decision

Date: 

May 2, 2002

Issues: 

Compensability-Occupationl Inj

Table of Contents

APD 020646

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 22, 2002. The hearing officer resolved the disputed issue by deciding that the respondent (claimant) sustained a compensable repetitive trauma injury to his left wrist on _______________. The appellant (self-insured) appealed. No response was received from the claimant.

DECISION

The hearing officer’s decision is affirmed.

The claimant had the burden to prove that he sustained a repetitive trauma injury as defined by Section 401.011(36). The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. Although there is conflicting evidence in this case, the claimant’s testimony and the medical reports presented by the claimant support the hearing officer’s decision that the claimant sustained a compensable repetitive trauma injury to his left wrist on _______________. The hearing officer’s decision is supported by sufficient evidence and 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 insurance carrier is a self-insured governmental entity, and the name and address of its registered agent for service of process is

LJ

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Roy L. Warren – Appeals Judge