Title: 

APD 022811

Significant Decision

Date: 

December 17, 2002

Issues: 

Extent of Injury

Table of Contents

APD 022811

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 October 10, 2002. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of ____________, does not include right carpal tunnel syndrome, right lateral epicondylitis, or an injury to her low back. The claimant appealed. No response was received from the respondent (carrier).

DECISION

The hearing officer’s decision is affirmed.

Conflicting evidence was presented on the disputed issue regarding the extent of the claimant’s compensable injury. 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 are affirmed.

The true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

MR. RUSSELL R. OLIVER, PRESIDENT

221 WEST 6TH STREET

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Susan M. Kelley – Appeals Judge