Title: 

APD 020893

Significant Decision

Date: 

May 20, 2002

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 020893

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 March 14, 2002. The hearing officer determined that the compensable injury sustained by the appellant (claimant) to his left hand on ____________, extends to and includes a laceration, a sprain-type injury, also described as a dynamic scapholunate injury, and a left third metaphalangeal joint sprain, but further determined that the compensable injury does not extend to and include left carpal tunnel syndrome, and that the claimant did not have disability. On appeal, the claimant contends that those determinations which are not favorable to him are against the great weight of the evidence. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

Extent of injury and disability are factual questions for the fact finder to resolve. The evidence supports the hearing officer’s factual determinations. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). It is for the hearing officer to resolve the inconsistencies and conflicts in the evidence. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust, and we do not find them to be so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).

We affirm the decision and order of the hearing officer.

The true corporate name of the carrier is MID-CENTURY INSURANCE COMPANY and the name and address of its registered agent for service of process is

FRED WERKENTHIN

JACKSON WALKER, L.L.P.

100 CONGRESS AVENUE, SUITE 1100

AUSTIN, TEXAS 78701.

Michael B. McShane – Appeals Judge

CONCUR:

Susan M. Kelley – Appeals Judge

Robert W. Potts – Appeals Judge