Title: 

APD 022234

Significant Decision

Date: 

October 16, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022234

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 August 14, 2002. The hearing officer determined that the respondent’s (claimant) compensable (neck and low back) injury extends to and includes the claimant’s bilateral carpal tunnel syndrome (BCTS).

The appellant (self-insured) appeals, emphasizing that early medical reports do not mention the BCTS and that the claimant received no treatment for swelling, scrapes, or abrasions of her wrists after the accident. The file does not contain a response from the claimant.

DECISION

Affirmed.

The claimant, a school bus driver, testified that she was running in the rain to get to her bus when she slipped and fell. The claimant has had several surgeries to her neck and back. The claimant relies on medical reports and EMG testing to establish that she has BCTS and that it is related to the compensable injury. The self-insured relies on a peer review doctor’s report, and argues that early medical reports do not reference the hands or wrists and that the claimant’s doctor’s reports rely on a flawed history.

The evidence is in conflict. We have reviewed the complained-of determination and conclude that the disputed issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We hold that the hearing officer’s determination is 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 (a self-insured governmental entity) and the name and address of its registered agent for service of process is

RF

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Thomas A. Knapp

CONCUR:

Elaine M. Chaney – Appeals Judge

Susan M. Kelley – Appeals Judge