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 February 8, 2002. With respect to the single issue before her, the hearing officer determined that the respondent (claimant) sustained a compensable injury on _______________. The appellant (carrier) appealed that determination, arguing that the claimant’s injury was “idiopathic” in nature and, thus, is not compensable. In his response, the claimant urges affirmance.
DECISION
Affirmed.
The claimant testified that he was employed as a veterinary technician and that his duties required him to assist in examining animals. He stated that he was injured when he straightened up after having leaned over to place an x-ray cassette on a stool and felt a “catch” in his right hip and back. The veterinarian for whom the claimant is employed testified and corroborated the claimant’s testimony. The claimant testified, and the medical records reflect, that he had a lumbar sprain/strain and subluxation of the L5 vertebra.
The carrier contends that the hearing officer erred “as a matter of law” in finding that the claimant sustained a compensable injury because the injury was “idiopathic in nature” in that the injury occurred “not while bending over with the x-ray cassettes in hand, but rather as he was raising his body up to a standing position.” We cannot agree that the evidence established that the claimant’s injury was “idiopathic.” To the contrary, the evidence demonstrates that the claimant was engaged in the performance of his duties as a veterinary technician and he developed a “catch” and pain in his hip and low back. That evidence establishes the causal connection between the claimant’s employment and his injury. We have previously considered and rejected arguments similar to the one advanced by the carrier in this instance and do so here for the same reasons. See Texas Workers’ Compensation Commission Appeal No. 020583, decided April 30, 2002; Texas Workers’ Compensation Commission Appeal No. 012376-s, decided November 14, 2001; Texas Workers’ Compensation Commission Appeal No. 990252, decided March 25, 1999; and Texas Workers’ Compensation Commission Appeal No. 972235, decided December 17, 1997.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is STATE FARM FIRE AND CASUALTY COMPANY and the name and address of its registered agent for service of process is
RON DODD
STATE FARM FIRE AND CASUALTY COMPANY
8900 AMBERGLEN BOULEVARD
AUSTIN, TEXAS 78729-1110.
Elaine M. Chaney – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge