Title: 

APD 031357

Significant Decision

Date: 

July 16, 2003

Issues: 

Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 031357

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 29, 2003. The hearing officer determined that the _____________, compensable injury of respondent (claimant) includes the cervical spine and that claimant had disability from July 5 through October 19, 2002. Appellant (carrier) appealed these determinations on sufficiency grounds. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer heard the evidence and determined whether claimant’s work activities were repetitive and caused her to sustain an injury. Regarding disability, carrier appears to argue that claimant did not have disability because she could have used a headset rather than cradle the phone between her head and shoulder. However, claimant said that she could not do her job because of the symptoms in her hands. Dr. G indicated that obtaining a headset would not automatically resolve the symptoms claimant was experiencing from the compensable injury. We conclude that the hearing officer’s determinations are supported by the record and are 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.

According to information provided by carrier, the true corporate name of the insurance carrier is ST. PAUL FIRE AND MARINE INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Veronica L. Ruberto – Appeals Judge

Edward Vilano – Appeals Judge