Title: 

APD 021410

Significant Decision

Date: 

July 17, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021410

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 25, 2002. The hearing officer determined that the respondent’s (claimant) compensable injury of _______________, extends to and includes bilateral carpal tunnel syndrome, right cubital tunnel syndrome, and right ulnar neuritis. The appellant (carrier) appeals on sufficiency of the evidence grounds. The claimant did not respond to the appeal.

DECISION

Affirmed.

Extent of injury is a factual determination for the hearing officer to resolve. There was conflicting medical evidence presented to the hearing officer. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they 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, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We have reviewed the matters complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750

AUSTIN, TEXAS 78701.

Michael B. McShane

CONCUR:

Gary L. Kilgore – Appeals Judge

Robert E. Lang

Appeals Panel

Manager/Judge