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, 2025, with the record closing on November 24, 2025, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issue by deciding that the compensable injury of (date of injury), does not extend to left elbow medial epicondylitis, left elbow lateral epicondylitis, left wrist/hand compression of the ulnar nerve or the Guyon’s canal, or left wrist or hand ulnar nerve transposition by (Dr. M). The appellant (claimant) appealed, disputing the ALJ’s determination. The respondent (self-insured) responded, urging affirmance.
DECISION
Affirmed in part and reversed by striking in part.
The parties stipulated, in part, that on (date of injury), the claimant sustained a compensable injury of at least a left elbow contusion and left cubital tunnel syndrome, and that (Dr. L) was the designated doctor appointed by the Texas Department of Insurance, Division of Workers’ Compensation for purposes of extent of the compensable injury. The claimant was injured on (date of injury), while lowering metal shelves from a trailer. The claimant reached for a 12-foot shelf when it slipped from her hands and caused her to hit her left elbow on metal tubing in the trailer.
That portion of the ALJ’s determination that the compensable injury of (date of injury), does not extend to left elbow medial epicondylitis, left elbow lateral epicondylitis, left wrist/hand compression of the ulnar nerve or the Guyon’s canal is supported by sufficient evidence and is affirmed.
The ALJ also determined that the compensable injury does not extend to left wrist or hand ulnar nerve transposition by Dr. M. The evidence reflects that the claimant underwent two surgeries, the first on July 5, 2023, and the second on July 31, 2024. The first surgery was a left cubital tunnel decompression and ulnar nerve transposition, and the second surgery was a revision release of cubital tunnel and release of the ulnar nerve at the wrist and Guyon’s canal. It is undisputed that the disputed left wrist and hand ulnar nerve transposition by Dr. M is a surgical procedure.
Injury means damage or harm to the physical structure of the body and a disease or infection naturally resulting from the damage or harm. Section 401.011(26). A compensable injury means an injury that arises out of and in the course and scope of employment for which compensation is payable. Section 401.011(10). Health care “includes all reasonable and necessary medical aid, medical examinations, medical treatments, medical diagnoses, medical evaluations, and medical services” and includes in part medical and surgical services provided by or at the direction of a doctor. Section 401.011(19). The disputed left wrist and hand ulnar nerve transposition by Dr. M is clearly a medical treatment, not an injury or condition, and as such is not appropriate to litigate as an extent-of-injury issue. Accordingly, we reverse by striking that portion of the ALJ’s determination that the compensable injury of (date of injury), does not extend to left wrist or hand ulnar nerve transposition by Dr. M.
SUMMARY
We affirm that portion of the ALJ’s determination that the compensable injury of (date of injury), does not extend to left elbow medial epicondylitis, left elbow lateral epicondylitis, left wrist/hand compression of the ulnar nerve or the Guyon’s canal.
We reverse by striking that portion of the ALJ’s determination that the compensable injury of (date of injury), does not extend to left wrist or hand ulnar nerve transposition by Dr. M.
The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
(NAME)
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Carisa Space-Beam
Appeals Judge
CONCUR:
Cristina Beceiro
Appeals Judge
Margaret L. Turner
Appeals Judge