Title: 

APD 021328

Significant Decision

Date: 

July 15, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021328

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 April 24, 2002. The hearing officer determined that the appellant’s (claimant) compensable injury does not include left carpal tunnel syndrome, left cubital tunnel syndrome, a cervical herniation at C5-6 or C6-7, cervical radiculopathy, or left ulnar nerve entrapment, but it does include left shoulder bursitis/tendonitis. The claimant appealed, arguing that the hearing officer’s determinations are against the great weight and preponderance of the evidence. The file does not contain a response from the respondent (carrier).

DECISION

Affirmed.

The issue before the hearing officer regarded the extent of the compensable injury and conflicting evidence was presented regarding this issue. 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 from the evidence presented. We have held that the question of extent of injury is a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. 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. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).

The hearing officer’s decision and order are affirmed.

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

RICK KNIGHT

105 DECKER COURT, SUITE 600

IRVING, TEXAS 75062.

Gary L. Kilgore

CONCUR:

Daniel R. Barry – Appeals Judge

Michael B. McShane – Appeals Judge