Title: 

APD 032016

Significant Decision

Date: 

September 18, 2003

Issues: 

Extent of Injury

Table of Contents

APD 032016

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 July 3, 2003. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of ______________, extends to and includes carpal tunnel syndrome (CTS) in his left wrist. The appellant (carrier) appeals, contending that there is insufficient evidence to establish a causal connection between the claimant’s compensable injury and his CTS. The claimant asserts that sufficient evidence supports the hearing officer’s decision.

DECISION

Affirmed.

The claimant had the burden to prove that his compensable injury includes the CTS of the left wrist. The hearing officer determined that medical treatment for the claimant’s compensable injury caused the CTS of the left wrist. In Western Casualty and Surety Company v. Gonzales, 518 S.W.2d 524, 526 (Tex. 1975), the court noted that the site of the trauma and its immediate effects are not necessarily determinative of the nature and extent of the compensable injury and that the full consequences of the original injury, together with the effects of its treatment, upon the general health and body of the worker are to be considered. In the instant case, there are conflicting medical opinions regarding the cause of the claimant’s CTS. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. Although there is conflicting evidence in this case, we conclude that the hearing officer’s decision is supported by the claimant’s testimony and by the opinions of the carrier’s peer review doctor and the carrier’s required medical examination doctor. The hearing officer’s decision 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 hearing officer’s decision and order.

The true corporate name of the insurance carrier is TRANSPORTATION INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Robert W. Potts

CONCUR:

Judy L. S. Barnes – Appeals Judge

Elaine M. Chaney – Appeals Judge