Title: 

APD 040475

Significant Decision

Date: 

April 20, 2004

Issues: 

Extent of Injury

Table of Contents

APD 040475

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on February 3, 2004. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of ________________, includes left carpal tunnel syndrome (CTS). The appellant (carrier) contends that the hearing officer’s decision is not supported by sufficient evidence and is against the great weight and preponderance of the evidence. The claimant asserts that sufficient evidence supports the hearing officer’s decision.

DECISION

Affirmed.

Conflicting evidence was presented at the CCH regarding the extent of the claimant’s compensable injury. The carrier contends that the claimant’s compensable injury is limited to a left wrist/hand contusion and strain/sprain. The hearing officer determined that the claimant’s compensable injury also includes left CTS. 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 in this case, 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).

We affirm the hearing officer’s decision and order.

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

CORPORATE SERVICE COMPANY

800 BRAZOS, SUITE 750

AUSTIN, TEXAS 78701.

Robert W. Potts

CONCUR:

Chris Cowan – Appeals Judge

Veronica L. Ruberto – Appeals Judge