Title: 

APD 032784

Significant Decision

Date: 

December 5, 2003

Issues: 

Compensability-Occupationl Inj

Table of Contents

APD 032784

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 September 17, 2003. The hearing officer determined that the claimant did not sustain a compensable repetitive trauma injury to her bilateral upper extremities with a date of injury of ____________. The claimant appeals this determination. The respondent (carrier) urges affirmance of the hearing officer’s decision.

DECISION

Affirmed.

Whether the claimant sustained a compensable repetitive trauma injury was a factual question 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)) and resolves the conflicts and inconsistencies in the evidence including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). 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 hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is ZURICH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is

LEO F. MALO

12222 MERIT DRIVE, SUITE 700

DALLAS, TEXAS 75251.

Chris Cowan

CONCUR:

Thomas A. Knapp – Appeals Judge

Edward Vilano – Appeals Judge