Title: 

APD 030087

Significant Decision

Date: 

February 24, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 030087

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 6, 2002. With regard to (Docket No. 1), the hearing officer determined that the compensable injury sustained by the appellant (claimant) on (date of injury for Docket No. 1), does not extend to or include the diagnosis of complex regional pain syndrome (CRPS), and that the claimant had disability from March 3 through March 28, 2001, but not from March 29, 2001, though the date of the hearing. With regard to (Docket No. 2), the hearing officer determined that the claimant did not have disability resulting from the (date of injury for Docket No. 2), compensable injury. The claimant appeals the adverse extent-of-injury and disability determinations. Respondent 1 (carrier 1) urges affirmance and requests that the Finding of Fact No. 4 be reformed to correct a typographical error. The appeal file contains no response from respondent 2 (carrier 2).

DECISION

Affirmed as reformed.

Whether the claimant has CRPS and, if so, whether the (date of injury for Docket No. 1), compensable injury extends to and includes CRPS were factual questions for the hearing officer to resolve. Similarly, whether the claimant had disability for any period of time resulting from either of the compensable injuries in question was a factual question. Conflicting evidence was presented at the hearing on the disputed issues in this case. 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 from the evidence presented. Nothing in our review of the record indicates that the hearing officer’s decision 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).

Finding of Fact No. 4 states:

The claimant was not able to obtain and retain employment from March 29, 2001 through the date of the contested case hearing on December 6, 2002 as a result of the injury of (date of injury for Docket No. 1) or (date of injury for Docket No. 2).

It is clear from reading the remaining portions of the hearing officer’s decision that she intended Finding of Fact No. 4 to state:

The claimant was not unable to obtain and retain employment from March 29, 2001, through the date of the contested case hearing on December 6, 2002, as a result of the injury of (date of injury for Docket No. 1) or (date of injury for Docket No. 2).

For this reason, and so that the Findings of Fact will comport with the Conclusions of Law and Decision and Order, the decision is hereby reformed to correct the typographical error.

The hearing officer’s decision and order is affirmed as reformed.

The true corporate name of insurance carrier 1 is AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is

DOROTHY C. LEADERER

1999 BRYAN STREET

DALLAS, TEXAS 75201

The true corporate name of insurance carrier 2 is LIBERTY MUTUAL FIRE INSURANCE COMPANY 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 – Appeals Judge

CONCUR:

Edward Vilano – Appeals Judge

Roy L. Warren – Appeals Judge