Title: 

APD 020283

Significant Decision

Date: 

March 5, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 020283

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 11, 2002. The hearing officer determined that the appellant’s (claimant) compensable left knee sprain/strain injury did not extend to include a left knee meniscal tear and cyst and that the claimant does not have disability.

The claimant appeals, emphasizing the reports of the doctors who indicate that she does have a left torn meniscus and that she has disability. The respondent (carrier) responds, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The medical evidence was in conflict whether the claimant even had a torn meniscus (the claimant did not pursue the contention of compensability of the cyst) and, if so, whether it was caused by the compensable injury. The hearing officer is the sole judge of the weight and credibility that is to be given to the evidence. Section 410.165(a). We conclude that the hearing officer’s determinations are not 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 hearing officer’s decision and order are affirmed.

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

ZURICH AMERICAN INSURANCE COMPANY

GARY SUDOL

9330 LBJ FREEWAY, SUITE 1200

DALLAS, TEXAS 75243.

Thomas A. Knapp – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Michael B. McShane – Appeals Judge