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 October 31, 2001. The hearing officer determined that the compensable (right shoulder) injury extends to and includes right carpal tunnel syndrome.
The appellant (carrier) appeals, citing evidence and inferences contrary to the hearing officer’s decision. The file does not contain a response from the respondent (claimant).
DECISION
Affirmed.
It is undisputed that the claimant sustained a compensable injury on ______________, when a piece of concrete fell off a truck and struck the claimant. The carrier accepted liability for a right shoulder injury, and the claimant had a right shoulder, rotator cuff repair on November 15, 2000. Subsequent to the right rotator cuff surgery, the claimant developed pain and numbness in his right wrist. The circumstances of the right wrist injury are in dispute.
Both parties essentially agree that the issue in this case is “a medical question.” The medical evidence was conflicting, with the strength of the doctors’ comments on causality in dispute.
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.). This is equally true of medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). 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 LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Thomas A. Knapp
CONCUR:
Judy L. S. Barnes – Appeals Judge
Elaine M. Chaney – Appeals Judge