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 November 5, 2001. She determined that the respondent (claimant) sustained a compensable injury on __________, and had disability from May 11, 2001, through May 30, 2001. The appellant (carrier) contends on appeal that these determinations are not supported by sufficient evidence or, alternatively, are against the great weight and preponderance of the evidence. The claimant urges affirmance.
DECISION
Affirmed.
The claimant had the burden to prove by a preponderance of the evidence that his employment was a cause of his thrombosis. Generally, sitting is considered an ordinary activity and that without more, and without specific medical evidence to show that the activity during the course of employment caused the injury, a compensable injury would not be established. Texas Workers’ Compensation Commission Appeal No. 931067, decided December 31, 1993. However, in the present case, the claimant testified that on the date of injury, he was not only sitting for five hours straight while involved in a conference call, but at the same time balanced a 30 to 35 pound book on his lap by clenching it between his legs. The medical evidence reflects that both the prolonged seated position, as well as balancing the additional weight of the book, were factors considered in establishing that the claimant’s employment was a cause of his deep vein thrombosis. While the medical evidence establishing causation in this case is far from overwhelming, the hearing officer’s determination that it was sufficient to causally relate the claimant’s employment to his injury is 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
“Disability” is defined as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” Section 401.011(16). The claimant bears the burden of establishing that a compensable injury was a producing cause of his disability. A claimant need only prove his work was a cause of the thrombosis, not the sole cause. Texas Workers’ Compensation Commission Appeal No. 931134, decided January 28, 1994. It was the carrier, not the claimant, who had the burden to prove that some cause other than the employment was the sole cause of the claimant’s thrombosis. Texas Employers’ Insurance Association v. Page, 553 S.W.2d 98 (Tex. 1977). The carrier introduced no such evidence. Under the facts of this case, we perceive no error in the hearing officer’s resolution of the disability issue.
The decision and order of the hearing officer are affirmed.
The true corporate name of the carrier is TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is
C. T. CORPORATION
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Chris Cowan
CONCUR:
Susan M. Kelley – Appeals Judge
Robert W. Potts – Appeals Judge