Title: 

APD 021372

Significant Decision

Date: 

July 15, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021372

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 May 1, 2002. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of ______________, includes an injury to both hands/wrists (diagnosed as bilateral carpal tunnel syndrome) and to both elbows (diagnosed as bilateral nerve entrapment) and right ulnar neuropathy. The appellant (carrier) appealed. No response was received from the claimant.

DECISION

The hearing officer’s decision is affirmed.

It is undisputed that the claimant sustained a repetitive trauma injury. The carrier contends that the injury does not extend beyond overuse syndrome or tendonitis of the right upper extremity. The claimant had the burden of proof on the issue of the extent of the compensable injury. Conflicting medical opinions were presented on the disputed 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. Although there is conflicting evidence, the reports of the treating doctor and referral doctor support the hearing officer’s decision. 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 insurance carrier is OLD REPUBLIC INSURANCE COMPANY and the name and address of its registered agent for service of process is

PRENTICE-HALL CORPORATION SYSTEM, INC.

800 BRAZOS

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Philip F. O’Neill – Appeals Judge