Title: 

APD 030076

Significant Decision

Date: 

February 27, 2003

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 030076

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 December 4, 2002. The hearing officer determined that the _____________, compensable injury does not extend to include right carpal tunnel syndrome (CTS) and disc protrusion and peroneal damage at L1-L2, and that the appellant (claimant) had disability from February 13 through April 1, 2002. The claimant appeals the hearing officer’s extent-of-injury determination and the respondent (carrier) responds to the appeal urging affirmance. The hearing officer’s disability determination was not appealed.

DECISION

Affirmed.

Whether the claimant’s compensable injury included right CTS and disc protrusion and peroneal damage at L1-L2 were factual questions for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We have reviewed the matters complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is AMERICAN MOTORISTS INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Roy L. Warren – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Edward Vilano – Appeals Judge