This appeal after remand arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was originally held on May 8, 2000. The hearing officer determined that the respondent’s (claimant) compensable injury of _________, did not extend to bilateral carpal tunnel syndrome (CTS); that the claimant reached maximum medical improvement (MMI) on June 1, 1999, with an impairment rating (IR) of one percent; and that the Texas Workers’ Compensation Commission should not appoint a second designated doctor to evaluate the claimant.
The claimant appealed and in Texas Workers’ Compensation Commission Appeal No. 001349, decided July 25, 2000, the Appeals Panel rendered a decision that the claimant’s compensable injury extended to bilateral CTS and remanded the issues of MMI and IR back to the hearing officer with instructions to appoint a second designated doctor.
A hearing on remand was held on September 25, 2000. Upon remand, the hearing officer determined that the claimant had not reached MMI and therefore no IR could be assigned. The appellant (carrier) appealed contending that the designated doctor’s report of September 1, 2000, in which he certified that the claimant had not reached MMI because the claimant required a bilateral CTS release was not entitled to presumptive weight and that the great weight of the other medical evidence was contrary to the report of the designated doctor. The appeals file does not contain a response from the claimant.
DECISION
Affirmed.
At the CCH, the report of the designated doctor, the reports of other doctors, and the results of the diagnostic studies were admitted into evidence. The 1989 Act provides that the hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). Where there are conflicts in the evidence, the hearing officer resolves the conflicts and determines what facts the evidence has established. As an appeals body, we will not substitute our judgment for that of the hearing officer when the determination is not so against the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Texas Workers’ Compensation Commission Appeal No. 950456, decided May 9, 1995. Upon review of the record submitted, we find no reversible error.
We affirm the hearing officer’s decision and order.
Kathleen C. Decker – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Philip F. O’Neill – Appeals Judge