Title: 

APD 030837

Significant Decision

Date: 

May 22, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030837

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 March 18, 2003. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of ___________, does not extend to and include the claimant’s right ring finger cyst. The claimant appeals, contending that the hearing officer’s decision is against the great weight of the evidence. The respondent (carrier) responds, urging affirmance.

DECISION

Affirmed.

The claimant had the burden to prove that his compensable injury extended to his right ring finger cyst. Conflicting evidence was presented on the disputed issue. 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. 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 CONTINENTAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Robert W. Potts – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge