Title: 

APD 030240

Significant Decision

Date: 

March 7, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030240

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 September 24, 2002. In Texas Workers’ Compensation Commission Appeal No. 022673, decided December 9, 2002, we reversed and remanded the case for further consideration of the extent of injury with regard to the claimed bilateral carpal tunnel syndrome (CTS). On remand, the hearing officer determined that the compensable injury of ____________, includes an injury to the wrists consisting of bilateral CTS. The appellant (self-insured) appeals the determination on evidentiary grounds. No response was filed.

DECISION

Affirmed.

The hearing officer did not err in determining that the compensable injury of ____________, includes bilateral CTS. The determination involved a question of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence including the 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 self-insured asserts that the hearing officer failed to discuss and, therefore, failed to consider the self-insured’s evidence in reaching her decision. We note that the hearing officer is not required to detail all of the evidence in the decision and order. See Texas Workers’ Compensation Commission Appeal No. 93164, decided April 19, 1993. Nothing in our review indicates that the self-insured’s evidence was not fully considered by the hearing officer.

The decision and order of the hearing officer 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

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.

Edward Vilano

CONCUR:

Thomas A. Knapp – Appeals Judge

Michael B. McShane

Appeals Panel

Manager/Judge