Title: 

APD 030147

Significant Decision

Date: 

March 7, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030147

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 12, 2002. With respect to the sole disputed issue before her, the hearing officer determined that the respondent’s (claimant) compensable injury of ___________, extends to the claimant’s carpal tunnel syndrome (CTS) of the right wrist. The appellant (carrier) appeals the determination on sufficiency of the evidence grounds. The claimant responds, arguing that the hearing officer applied the correct standard of proof and should be affirmed.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant’s compensable injury of ___________, extends to the claimant’s CTS in her right wrist. Extent of injury is a question of fact. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). This is equally true regarding medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). In view of the evidence presented, we cannot conclude that the hearing officer’s 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 hearing officer’s decision and order is affirmed.

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

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Terri Kay Oliver – Appeals Judge

CONCUR:

Robert W. Potts – Appeals Judge

Edward Vilano – Appeals Judge