Title: 

APD 033071

Significant Decision

Date: 

January 9, 2004

Issues: 

Extent of Injury

Table of Contents

APD 033071

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 October 27, 2003. With respect to the issue before him, the hearing officer determined that the appellant’s (claimant) _______________, compensable face contusion, left knee contusion, left thigh contusion, and left hand contusion injury extends to include an injury to the neck and left wrist, but does not extend to include left carpal tunnel syndrome (LCTS). In her appeal, the claimant essentially argues that the determination that her compensable injury does not extend to include LCTS is against the great weight of the evidence. The appeal file does not contain a response from the respondent (carrier). The determination that the claimant’s compensable injury extends to and includes an injury to the neck and left wrist has not been appealed and has become final. Section 410.169.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant’s compensable injury of _______________, does not extend to include LCTS. That issue presented a question of fact for the hearing officer to resolve. Conflicting medical evidence was presented regarding both the diagnosis of LCTS and causation. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer was acting within his province as the fact finder in discounting the evidence tending to demonstrate that the claimant has LCTS, which is causally related to her compensable injury. Nothing in our review of the record reveals that the challenged determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse that determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

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

ROBIN M. MOUNTAIN

6600 CAMPUS CIRCLE DRIVE EAST, SUITE 300

IRVING, TEXAS 75063.

Elaine M. Chaney

CONCUR:

Chris Cowan – Appeals Judge

Edward Vilano – Appeals Judge