Title: 

APD 040807

Significant Decision

Date: 

May 24, 2004

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 040807

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 initially scheduled for December 18, 2003, but was reset and held on March 23, 2004. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury with a date of injury of _____________; that the claimed injury does not extend to include the left hand and/or wrist; and that the claimant did not have disability. The claimant appeals these determinations. The respondent (carrier) urges affirmance of the hearing officer’s decision.

DECISION

Affirmed.

The disputed issues in this case involved factual questions for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). The hearing officer was not persuaded by the evidence that the claimant’s work activities were sufficiently repetitive and physically traumatic to result in the claimed injury. Nothing in our review of the record indicates that the hearing officer’s compensability determination is 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). Given our affirmance of the compensability determination, we perceive no error in the hearing officer’s resolution of the disability and extent-of-injury issues.

The decision and order of the hearing officer are affirmed.

The true corporate name of the insurance carrier is ROYAL INDEMNITY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

701 BRAZOS STREET, SUITE 1050

AUSTIN, TEXAS 78701.

Chris Cowan

CONCUR:

Thomas A. Knapp – Appeals Judge

Robert W. Potts – Appeals Judge