Title: 

APD 031161

Significant Decision

Date: 

June 30, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 031161

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 January 28, 2003, and continued with the record closing on April 18, 2003. The hearing officer resolved the disputed issues by deciding that the appellant’s (claimant) compensable injury of _____________, does not include an injury of left carpal tunnel syndrome (CTS) and left cubital tunnel syndrome (CuTS), and that the claimant had disability from February 19 through September 26, 2002. The claimant appealed the hearing officer’s extent-of-injury determination based on sufficiency of the evidence grounds. The appeal file does not contain a response from the respondent (carrier).

DECISION

Affirmed.

It is undisputed that the carrier accepted a _____________, compensable injury in the nature of an aggravation to a left wrist ganglion cyst. Whether the compensable injury of _____________, includes left CTS and CuTS involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determination is supported by the record and 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).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY 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.

Veronica L. Ruberto

CONCUR:

Gary L. Kilgore – Appeals Judge

Margaret L. Turner – Appeals Judge