Title: 

APD 012985

Significant Decision

Date: 

January 25, 2002

Issues: 

Unavailable

Table of Contents

APD 012985

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 30, 2001. On the sole issue, the hearing officer determined that the respondent’s (claimant) compensable wrist injury of ______________, extended to include ulnar neuropathy in the right upper extremity with a lesion located at or near the elbow. The appellant (carrier) appeals the determination, asserting that the evidence fails to establish the necessary causal relation between the claimed condition and compensable injury. No response was filed.

DECISION

Affirmed.

The hearing officer did not err in determining that the compensable injury extended to include ulnar neuropathy in the right upper extremity with a lesion located at or near the elbow. The claimant asserted that she sustained the claimed condition on ______________, simultaneous with her compensable right wrist injury. The claimant had the burden to prove that she sustained the claimed injury as a result of repetitious, physically traumatic activities that occurred over time and arose out of and in the course and scope of her employment. Texas Workers’ Compensation Commission Appeal No. 012093, decided October 11, 2001. There was conflicting evidence presented with regard to this issue. In view of the evidence presented, we cannot conclude that the hearing officer’s determination is 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 (Tex. 1986).

The true corporate name of the carrier is (CARRIER) and the name and address of its registered agent for service of process is

SUPERINTENDENT

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Edward Vilano

CONCUR:

Judy L. S. Barnes – Appeals Judge

Robert W. Potts – Appeals Judge