Title: 

APD 013106

Significant Decision

Date: 

January 24, 2002

Issues: 

Unavailable

Table of Contents

APD 013106

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 20, 2001. The hearing officer determined that the compensable injury sustained by the appellant (claimant) on ____________, includes an injury to the left wrist, consisting of ulnar neuropathy, and median nerve neuropathy of the left upper extremity, but does not include an injury to the cervical spine, thoracic spine, or left shoulder. The claimant urges on appeal that this determination, as it relates to the cervical spine, thoracic spine, and left shoulder, is against the great weight and preponderance of the evidence. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

At issue in this case is whether the hearing officer erred in determining that the compensable injury sustained by the claimant on ____________, does not include an injury to the cervical spine, thoracic spine, or left shoulder. Extent of injury is a question of fact for the hearing officer to resolve. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. Nothing in our review of the record indicates that the hearing officer’s extent-of-injury 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, 176 (Tex. 1986).

The decision and order of the hearing are affirmed.

The true corporate name of the carrier is CONNECTICUT INDEMNITY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, COMMODORE 1, SUITE 750

AUSTIN, TEXAS 78701.

Chris Cowan – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Elaine M. Chaney – Appeals Judge