Title: 

APD 033066

Significant Decision

Date: 

January 6, 2004

Issues: 

Extent of Injury

Table of Contents

APD 033066

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 October 22, 2003. With respect to the issue before him, the hearing officer determined that the respondent’s (claimant) _____________, compensable injury does include an injury to the left elbow. In its appeal, the appellant (carrier) argues that the hearing officer’s extent-of-injury determination is against the great weight of the evidence. The appeal file does not contain a response to the carrier’s appeal from the claimant.

DECISION

Affirmed.

The hearing officer did not err in making the challenged determination. The issue of whether the claimant’s compensable injury extends to include a left elbow injury presented a question of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer was persuaded that there was a causal connection between the claimant’s compensable injury and the injury to his left elbow. Nothing in our review of the record reveals that the challenged determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse that determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

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

CLAY M. WHITE

SAMMONS & PARKER

218 NORTH COLLEGE

TYLER, TEXAS 75702.

Elaine M. Chaney

CONCUR:

Judy L. S. Barnes – Appeals Judge

Thomas A. Knapp – Appeals Judge