Title: 

APD 021467

Significant Decision

Date: 

July 16, 2002

Issues: 

Extent of Injury

Table of Contents

APD 021467

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 May 7, 2002. The hearing officer determined that the respondent’s (claimant) compensable injury of _____________, includes the cervical area and the right wrist, but does not include the thoracic area. The appellant (self-insured) appeals on evidentiary sufficiency grounds. There is no response in the appeal file from the claimant.

DECISION

Affirmed.

The hearing officer did not err in her findings on the appealed issue. There is sufficient evidence from a record of conflicting evidence to support the determination that the claimant’s injury extended to include her right wrist and her cervical area. The 1989 Act makes the hearing officer the sole judge of the weight and credibility of the evidence. Section 410.165(a). We observe that while chronology alone does not establish a causal connection between an accident and a later-diagnosed injury (Texas Workers’ Compensation Commission Appeal No. 94231, decided April 8, 1994), neither does a delayed manifestation nor the failure to immediately mention an injury to a health care provider necessarily rule out a connection. See Texas Employers Insurance Company v. Stephenson, 496 S.W.2d 184 (Tex. Civ. App.-Amarillo 1973, no writ). Generally, lay testimony establishing a sequence of events which provides a strong, logically traceable connection between the event and the condition is sufficient proof of causation. Morgan v. Compugraphic Corp., 675 S.W.2d 729, 733 (Tex. 1984). The hearing officer’s decision is supported by sufficient evidence and it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. 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 insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

KM

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Michael B. McShane – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Gary L. Kilgore – Appeals Judge