Title: 

APD 032103

Significant Decision

Date: 

September 2, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 032103

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on July 14, 2003. The hearing officer determined that the respondent’s (claimant) compensable (right wrist) injury of _____________, included an injury to the cervical and lumbar spine, and that the claimant had disability from August 30, 2002, through the date of the CCH.

The appellant (carrier) appeals on sufficiency of the evidence grounds. The claimant responds, urging affirmance.

DECISION

Affirmed.

The claimant testified how she sustained her compensable injury when she lost her balance and fell two or three feet off of a stepladder on _____________. The claimant worked two more days before reporting the injury to a supervisor and going to the emergency room. The carrier has accepted a right wrist injury and contends that it is not logical that the claimant “would suffer any injury other than a wrist injury” in this fall. The medical evidence generally supports the claimant’s contentions.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer did not err in her decision and her determinations are not 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 affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is PENNSYLVANIA MANUFACTURERS ASSOCIATION and the name and address of its registered agent for service of process is

CT CORPORATION

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Thomas A. Knapp

CONCUR:

Judy L. S. Barnes – Appeals Judge

Margaret L. Turner – Appeals Judge