Title: 

APD 021595

Significant Decision

Date: 

July 25, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021595

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 20, 2002. The hearing officer resolved the sole disputed issue by deciding that the appellant’s (claimant) compensable injury of _______________, did not include his right carpal tunnel syndrome (CTS). The claimant appealed on sufficiency grounds, seeking reversal and arguing that the hearing officer totally disregarded the medical evidence. The respondent (carrier) responded, arguing that the medical evidence on the issue was equivocal at best, and that the hearing officer should be affirmed.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant’s compensable injury of _______________, did not include his right CTS. The parties argued different and conflicting interpretations of the voluminous medical evidence.

The hearing officer is the sole judge of the weight and credibility to be given the evidence. Section 410.165(a). We conclude that the hearing officer’s determination that the claimant’s compensable injury did not include right CTS is supported by the evidence. The hearing officer’s determination is not 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); Texas Workers’ Compensation Commission Appeal No. 001360, decided July 27, 2000.

The hearing officer’s decision and order are affirmed.

The official corporate name of the carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, COMMODORE 1, SUITE 750

AUSTIN, TEXAS 78701.

Gary L. Kilgore

CONCUR:

Daniel R. Barry – Appeals Judge

Thomas A. Knapp – Appeals Judge