Title: 

APD 040946

Significant Decision

Date: 

June 15, 2004

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 040946

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 29, 2004. The hearing officer determined that the respondent (claimant) sustained a compensable injury in the form of an occupational disease (right carpal tunnel syndrome (CTS)) and that the claimant had disability from August 13 through November 5, 2003. The appellant (self-insured) appeals, mostly on a sufficiency of the evidence basis, contending that there was no evidence presented at the hearing that typing is a traumatic activity. The appeal file contains no response from the claimant.

DECISION

Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.

The claimant was a caseworker for the employer. There was considerable testimony from the claimant regarding the specifics of the claimant’s job. Whether the claimant’s job was sufficiently repetitive and traumatic to cause the claimed right CTS was a question of fact for the hearing officer to resolve. The hearing officer is the fact finder and is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the fact finder, the hearing officer was charged with the responsibility of determining what facts the evidence has established. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer found the claimant’s testimony and medical records persuasive. The hearing officer was acting within her province as the fact finder in resolving the disputed issues in favor of the claimant. Nothing in our review of the record reveals that the challenged determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is STATE OFFICE OF RISK MANAGEMENT (a self-insured governmental entity) and the name and address of its registered agent for service of process is

For service in person the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

300 WEST 15TH STREET

WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR

AUSTIN, TEXAS 78701.

For service by mail the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

P.O. BOX 13777

AUSTIN, TEXAS 78711-3777.

Gary L. Kilgore – Appeals Judge

CONCUR:

Daniel R. Barry – Appeals Judge

Chris Cowan – Appeals Judge