Title: 

APD 020162

Significant Decision

Date: 

March 12, 2002

Issues: 

Extent of Injury

Table of Contents

APD 020162

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 January 7, 2002. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of ____________, includes left carpal tunnel syndrome (CTS). The appellant (carrier) appealed and the claimant responded.

DECISION

The hearing officer’s decision is affirmed.

It is undisputed that the claimant sustained a compensable injury on ____________. The question before the hearing officer was whether the claimant’s diagnosed left CTS is part of the compensable injury. Conflicting evidence was presented on the disputed issue. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer resolved the conflicts in the evidence by determining that the compensable injury includes left CTS. The hearing officer’s decision is supported by the reports of the claimant’s current treating doctor and two referral doctors. The hearing officer’s decision is supported by sufficient evidence and is 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).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is ST. PAUL FIRE & MARINE INSURANCE COMPANY and the name and address of its registered agent for service of process is

MIKE MARINO

225 E. JOHN W. CARPENTER FREEWAY, SUITE 1100

IRVING, TEXAS, 75062.

Robert W. Potts – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Michael B. McShane – Appeals Judge