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 October 4, 2001. The hearing officer determined that the appellant’s (claimant) compensable (right shoulder) injury of ___________ (all dates are 2001 unless otherwise noted), does not extend to and include an injury to the right elbow and wrist, and that the claimant did not have disability from June 27 to the date of the CCH.
The claimant appeals, citing both various medical reports that support her position and her testimony. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
The claimant was employed as a material handler and sustained a compensable right shoulder injury on ___________ while lifting boxes. She stated that she felt something “crack” in her right shoulder and had pain radiating down her right arm. The claimant was seen at (clinic) by several physician’s assistants. Reports and pain diagrams reference only a shoulder injury. The claimant began treating with Dr. K on May 18. Dr. K released the claimant to light duty. The employer accommodated the claimant, and the claimant returned to work in a light-duty status. At a June 1 visit with Dr. K, the claimant advised Dr. K that she had retained an attorney and the attorney preferred that she treat with Dr. A. At the June 1 visit, Dr. K recommended EMG/NCV testing. The claimant continued to see Dr. K until her request to change treating doctors to Dr. A was approved on June 8. On the Employee’s Request to Change Treating Doctors (TWCC-53) the claimant continued to list only a right shoulder injury. The claimant continued to work light duty until June 11 when she was hospitalized under the Family Medical Leave Act for an unrelated condition. Upon the claimant’s discharge on June 25 the claimant again returned to light-duty work. EMG/NCV testing was performed on June 26. The claimant saw Dr. A, who, in a report of that visit, diagnosed mild right carpal tunnel syndrome (CTS) and borderline ulnar nerve entrapment based on the EMG/NCV testing. Dr. A took the claimant off work. Dr. A is of the opinion that the claimant’s compensable ___________ injury caused the CTS and borderline ulnar nerve entrapment based on references in prior reports to tingling and numbness in the claimant’s right upper extremity.
The hearing officer summarized the evidence and commented that “the evidence fails to establish a causal relationship” between the claimed injuries and the claimant’s compensable ___________ injury. The hearing officer noted that the claimant had been “able to return to modified duty accommodating her restrictions and was able to perform these duties until she was taken off work . . . .” The hearing officer found that the claimant had failed to establish a causal relationship between the diagnosed right elbow and wrist condition and the compensable injury.
The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)), resolves the conflicts and inconsistencies in the evidence (Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ)), and determines what facts have been established from the conflicting evidence. St. Paul Fire & Marine Insurance Company v. Escalera, 385 S.W.2d 477 (Tex. Civ. App.-San Antonio 1964, writ ref’d n.r.e.). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and we do not find them so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is OLD REPUBLIC INSURANCE COMPANY and the name and address of its registered agent for service of process is
PRENTICE-HALL CORPORATION SYSTEM, INC.
800 BRAZOS
AUSTIN, TEXAS 78701.
Thomas A. Knapp – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Michael B. McShane – Appeals Judge