Title: 

APD 030058

Significant Decision

Date: 

February 18, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030058

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 November 25, 2002. With respect to the single issue before her, the hearing officer determined that the respondent’s (claimant) compensable injury of ____________, extends to and includes left carpal tunnel syndrome (CTS). In its appeal, the appellant (carrier) essentially argues that the extent-of-injury determination is against the great weight of the evidence. In her response to the carrier’s appeal, the claimant urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the compensable injury includes left CTS. Conflicting evidence was presented on the disputed issue. 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. The hearing officer was acting within her province as the fact finder in deciding to give more weight to the opinions from Dr. K and Dr. D that the claimant’s compensable injury caused her left CTS than to the contrary opinions offered by the carrier from two peer review doctors and the designated doctor. Our review of the record reveals that the hearing officer’s extent-of-injury determination 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 or manifestly unjust. Accordingly, no sound basis exists for us to disturb the challenged determination on appeal. 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 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Elaine M. Chaney – Appeals Judge

CONCUR:

Daniel R. Barry – Appeals Judge

Thomas A. Knapp – Appeals Judge