Title: 

APD 041271

Significant Decision

Date: 

July 16, 2004

Issues: 

Compensability-Occupationl Inj, Extent of Injury

Table of Contents

APD 041271

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 April 30, 2004. The hearing officer resolved the two disputed issues by deciding that the claimant sustained a compensable injury in the form of bilateral tenosynovitis with a date of injury of _______________, and that the compensable injury does not extend to and include carpal tunnel syndrome or DeQuervain’s syndrome in either or both upper extremities. The claimant appeals the hearing officer’s determination on the issue of the extent of the compensable injury, contending that it is against the great weight of the evidence. The respondent (self-insured) asserts that sufficient evidence supports the hearing officer’s determination on the issue of the extent of the compensable injury. There is no appeal of the hearing officer’s determination that the claimant sustained a compensable injury in the form of bilateral tenosynovitis.

DECISION

Affirmed.

Conflicting evidence was presented on the issue of the extent of the claimant’s compensable injury. 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 (a self-insured governmental entity) and the name and address of its registered agent for service of process is

EXECUTIVE DIRECTOR

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Robert W. Potts

CONCUR:

Chris Cowan – Appeals Judge

Edward Vilano – Appeals Judge