Title: 

APD 031229

Significant Decision

Date: 

June 25, 2003

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration

Table of Contents

APD 031229

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 April 16, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury with a date of injury of _____________, and that she did not have disability. The claimant appeals these determinations and expresses dissatisfaction with the representation she received by her attorney at the hearing. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Whether the claimant sustained a compensable repetitive trauma injury and whether she had disability were factual questions 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). 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. The hearing officer was not persuaded by the evidence that the claimant’s work activities were sufficiently repetitive to cause an injury to her right upper extremity. 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).

We note that the claimant expresses dissatisfaction with the representation she received by her attorney at the hearing. However, the Appeals Panel does not have jurisdiction to address such contention, as it is essentially a matter between the claimant and her attorney. Texas Workers’ Compensation Commission Appeal No. 94030, decided February 15, 1994.

The decision and order of the hearing officer is affirmed.

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

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 330

AUSTIN, TEXAS 78701.

Chris Cowan

CONCUR:

Judy L. S. Barnes – Appeals Judge

Veronica L. Ruberto – Appeals Judge