Title: 

APD 022574

Significant Decision

Date: 

November 27, 2002

Issues: 

Existence of Compensable Inj, Extent of Injury

Table of Contents

APD 022574

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on August 30, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on _____________, and that the compensable injury extends to and includes the claimant’s bilateral wrists, upper extremities, shoulders, and the cervical spine. The appellant (carrier) appealed. No response was received from the claimant.

DECISION

As reformed herein, the hearing officer’s decision is affirmed.

We reform the hearing officer’s decision to reflect that the issues to be decided at the CCH were whether the claimant sustained a compensable injury on _____________, and if so, whether the compensable injury includes injuries to the claimant’s left wrist, bilateral upper extremities, and cervical spine. The hearing officer incorrectly listed disability as a disputed issue.

Conflicting evidence was presented on the disputed issues. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order, as reformed herein, are affirmed.

The true corporate name of the insurance carrier is INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Gary L. Kilgore – Appeals Judge