Title: 

APD 040841

Significant Decision

Date: 

June 7, 2004

Issues: 

Dispute of DD IR, Dispute of DD MMI Date, Extent of Injury

Table of Contents

APD 040841

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 March 9, 2004. The hearing officer determined that the appellant’s (claimant) January 7, 2001, compensable injury does not extend to or include left ulnar neuropathy, and that the claimant reached maximum medical improvement (MMI) on January 13, 2003, with a 22% impairment rating (IR). The claimant appeals the extent-of-injury determination. The respondent (carrier) urges affirmance of the hearing officer’s decision. The MMI/IR determination has not been appealed and has become final pursuant to Section 410.169.

DECISION

Affirmed.

Extent of injury was a factual question 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)). Nothing in our review of the record indicates that the hearing officer’s extent-of-injury 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).

The decision and order of the hearing officer are affirmed.

The true corporate name of the insurance carrier is LIBERTY INSURANCE CORPORATION and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL STREET, SUITE 2900

DALLAS, TEXAS 75201.

Chris Cowan

CONCUR:

Elaine M. Chaney – Appeals Judge

Edward Vilano – Appeals Judge