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 June 20, 2002. The hearing officer resolved the issues in dispute by determining that the respondent’s (claimant) compensable injury of _____________, included cubital tunnel syndrome (CuTS) in the right elbow and carpal tunnel syndrome (CTS) in the right wrist. In addition, the hearing officer determined that the claimant had disability from January 22 to April 15, 2002, and again from May 31, 2002, to June 20, 2002. The appellant (carrier) appealed the determinations of the hearing officer on sufficiency grounds, arguing no evidence. The claimant responded, urging the affirmance of the hearing officer.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s _____________, compensable injury included CuTS in the right elbow and CTS in the right wrist. The claimant testified that her symptoms were those reported to her doctors, whose medical reports show that the claimant was indeed diagnosed with CuTS in her right elbow and CTS in her right wrist.
The hearing officer is the sole judge of the weight and the credibility to be given the evidence. Section 410.165(a). The hearing officer resolved the disputed issues, extent of injury and disability, in the claimant’s favor, and the hearing officer’s determinations are supported by the claimant’s testimony and the medical records in evidence. While the carrier argued a different interpretation of the evidence, we conclude that the hearing officer’s determinations are supported by the evidence, and that they are 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 name of the carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
ROBERT PARNELL
8144 WALNUT HILL LANE, SUITE 1600
DALLAS, TEXAS 75231-4813.
Gary L. Kilgore – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Daniel R. Barry – Appeals Judge