Title: 

APD 031404

Significant Decision

Date: 

July 15, 2003

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 031404

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 30, 2003. The hearing officer determined that the appellant (claimant) had not sustained a compensable injury on ______________, and that the claimant did not have disability.

The claimant appeals the adverse determinations, basically on sufficiency of the evidence grounds. The respondent (carrier) responds, urging affirmance.

DECISION

Affirmed.

The claimant, a sorter/cleaner in a meat packing facility, alleges a right hand chemical burn due to a hole in his rubber glove. Much, if not most, of the evidence is disputed, including the size of the hole in the glove, whether the nurse saw blisters or calluses on his hands, and the accuracy of the history given to the doctors. The hearing officer accurately sets out a summary of the evidence and found that the claimant’s minor exposure to the chemical cleaning agent did not result in a chemical exposure injury to the right hand.

The 1989 Act provides that the hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). Where there are conflicts in the evidence, the hearing officer resolves the conflicts and determines what facts the evidence has established. As an appeals body, we will not substitute our judgment for that of the hearing officer when the determination is not so against the overwhelming weight of the evidence as to be clearly wrong and 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 ST. PAUL FIRE & 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.

Thomas A. Knapp

CONCUR:

Judy L. S. Barnes – Appeals Judge

Veronica L. Ruberto – Appeals Judge