Title: 

APD 030708

Significant Decision

Date: 

April 28, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030708

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 February 13, 2003. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of ______________, does not include an injury to the left thumb diagnosed as carpometacarpal osteoarthritis. The claimant appealed, and the respondent (carrier) responded.

DECISION

Affirmed.

It is undisputed that the claimant sustained a compensable injury. The issue of whether the compensable injury includes an injury to the claimant’s left thumb presented a question of fact for the hearing officer to determine from the evidence presented. The hearing officer considered the claimant’s contention that her compensable injury aggravated her osteoarthritis of her left thumb and found that the claimant did not sustain an injury to her left thumb by aggravation or otherwise as a result of her compensable injury. Conflicting evidence was presented on the disputed issue. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 401.011(10). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. 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 governmental entity self-insured either individually or collectively through DEEP EAST TEXAS SELF INSURANCE FUND and the name and address of its registered agent for service of process is

TL

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Robert W. Potts

CONCUR:

Thomas A. Knapp – Appeals Judge

Roy L. Warren – Appeals Judge