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 April 24, 2003. The hearing officer resolved the disputed issue by deciding that the compensable injury does not extend to and include bilateral carpal tunnel syndrome (CTS), and does not extend to include an injury to the left wrist, left arm, left shoulder, cervical spine, and lumbar spine. The appellant (claimant) appealed, disputing the determination. The respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
The parties stipulated that the claimant sustained a compensable injury on ______________. The disputed issue is whether the compensable injury extends to include bilateral CTS and an injury to the left wrist, left shoulder, left arm, cervical spine, and lumbar spine. Extent of injury is a factual determination for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The hearing officer noted that the claimant’s testimony that she felt pain to her left shoulder and the cervical spine was not persuasive or credible. Further, the hearing officer found that the medical records in evidence were insufficient to causally relate the complained-of conditions to the compensable injury. 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).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is WAUSAU UNDERWRITERS INSURANCE COMPANY and the name and address of its registered agent for service of process is
C T CORPORATION SYSTEMS
350 NORTH ST. PAUL, SUITE 2900
DALLAS, TEXAS 75201.
Margaret L. Turner
CONCUR:
Judy L. S. Barnes – Appeals Judge
Edward Vilano – Appeals Judge