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At a Glance:
Title:
APD 020001
Date:
February 11, 2002

APD 020001

February 11, 2002

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 December 4, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable repetitive trauma injury on __________, and that as a result of his compensable injury he had disability from ______ through December 4, 2001. The appellant (carrier) appealed on sufficiency grounds and the claimant responded.

DECISION

The hearing officer’s decision is affirmed.

The hearing officer did not err in determining that the claimant sustained a compensable repetitive trauma injury on __________, and had resulting disability from ______ through December 4, 2001. The claimant alleged that he sustained a repetitive trauma injury in the form of carpal tunnel syndrome. Section 401.011(36) defines a “repetitive trauma injury” as “damage or harm to the physical structure of the body occurring as the result of repetitious, physically traumatic activities that occur over time and arise out of and in the course and scope of employment.” The claimant had the burden to prove that he was injured during the course and scope of his employment. Johnson v. Employers Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). Conflicting evidence was presented at the CCH. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). We conclude that the hearing officer’s decision that the claimant sustained a compensable repetitive trauma injury is supported by sufficient evidence, as is his determination of the claimant’s disability and the period thereof, and that these decisions are not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986); Texas Workers’ Compensation Commission Appeal No. 001360, decided July 27, 2000.

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

WILLIAM PARNELL

8144 WALNUT HILL LANE, SUITE 1600

DALLAS, TEXAS 75231.

Terri Kay Oliver

CONCUR:

Susan M. Kelley
Appeals Judge

Robert W. Potts
Appeals Judge

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