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 26, 2001. With regard to the disputed issues, the hearing officer determined that the respondent (claimant) sustained a repetitive trauma carpal tunnel syndrome (CTS) injury and that the claimant has had disability from February 27, 2001, to the date of the CCH.
The appellant (carrier) appealed, contending that the doctors that were of the opinion that the claimant’s CTS was work related did not give adequate weight to other risk factors that the claimant had, and that medical literature and an ergonomic study introduced by the carrier showed that the claimant’s CTS was not work related. The file does not contain a response from the claimant.
DECISION
Affirmed.
The claimant was employed by a steel mill as a multi-craft worker (which included millwright, welder, and pipe fitter duties) for about 25 years. It is relatively undisputed that the claimant has CTS in his right hand, which was confirmed by diagnostic testing. Two doctors are of the opinion that the claimant’s CTS is job or occupationally related. The carrier relies on some medical articles, the fact that the claimant has some high-risk factors for CTS, an ergonomic study, and that the claimant has an avocation of sausage making twice a year to show other causes for the claimant’s CTS.
The hearing officer considered the carrier’s arguments and commented that she was unpersuaded by the “medical reference articles” and the ergonomic study. 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. We conclude that the hearing officer’s 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).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750, COMMODORE 1
AUSTIN, TEXAS 78701.
Thomas A. Knapp – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge