Title: 

APD 030915

Significant Decision

Date: 

June 4, 2003

Issues: 

Extent of Injury

Table of Contents

APD 030915

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 March 10, 2003. The hearing officer determined that the appellant’s (claimant) ______________, compensable injury extends to include bilateral carpal tunnel syndrome and left elbow ulnar entrapment, but not an injury to the cervical spine or bilateral frozen shoulders. The claimant appeals the determination that the compensable injury does not include an injury to his cervical spine. The respondent (carrier) urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the compensable injury sustained by the claimant does not extend to his cervical spine. Extent of injury is a question of fact for the hearing officer to resolve. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. Nothing in our review of the record indicates that the hearing officer’s decision is 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 true corporate name of the insurance carrier is AMERICAN ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is

LEO MALO

ZURICH NORTH AMERICA

12222 MERIT DRIVE, SUITE 700

DALLAS, TEXAS 75251.

Chris Cowan

CONCUR:

Judy L. S. Barnes – Appeals Judge

Elaine M. Chaney – Appeals Judge