Title: 

APD 031881

Significant Decision

Date: 

September 3, 2003

Issues: 

Compensability-Occupationl Inj

Table of Contents

APD 031881

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 June 18, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable occupational disease injury with a date of injury of _______________. The appellant (self-insured) appeals this determination. The appeal file contains no response from the claimant.

DECISION

Affirmed.

We have reviewed the complained-of determination and conclude that the disputed issue in this case involved a factual question for the hearing officer to resolve. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given to the evidence. The hearing officer was persuaded by the claimant’s testimony that her job duties were sufficiently repetitive to cause bilateral carpal tunnel syndrome (BCTS). Contrary to the self-insured’s argument on appeal, expert medical evidence is not necessary to establish a causal connection between a claimant’s work and BCTS. Texas Workers’ Compensation Commission Appeal No. 92083, decided April 16, 1992 (citing Houston Independent School District v. Harrison, 774 S.W.2d 298 (Tex. App.-Houston [1st Dist.] 1987, no writ)); see also, Texas Workers’ Compensation Commission Appeal No. 951917, decided December 28, 1995. 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).

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:

For service in person the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

300 W. 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

THE STATE OFFICE OF RISK MANAGEMENT

P.O. BOX 13777

AUSTIN, TEXAS 78711-3777.

Chris Cowan

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge