Title: 

APD 041040

Significant Decision

Date: 

June 28, 2004

Issues: 

Compensability-Occupationl Inj, Disabilty/Existence-Duration, Extent of Injury

Table of Contents

APD 041040

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 16, 2004. The hearing officer determined that the respondent (claimant) sustained a compensable repetitive trauma injury with an injury date of ______________; that the claimant had disability beginning on September 10, 2002, and continuing through January 20, 2003; and that the ______________, compensable injury does not extend to right shoulder impingement syndrome or right acromioclavicular joint tendonopathy. The appellant (self-insured) appealed the hearing officer’s determination regarding disability. The appeal file does not contain a response from the claimant. The hearing officer’s determinations regarding compensability and extent of injury have not been appealed and have become final. Section 410.169.

DECISION

Affirmed.

On appeal, the carrier appears to argue that the sole cause of the claimant’s disability in this case is attributable to the conditions which the hearing officer found to be noncompensable. The carrier asserts that the injury which was found to be compensable is not “significant.” The claimant need not prove that the compensable injury was the sole cause of her disability; only that it was a producing cause. Texas Workers’ Compensation Commission Appeal No. 012689, decided December 20, 2001. Whether or not, and for what time period, the claimant had disability as a result of her compensable injury was a question of fact for the hearing officer to resolve. Nothing in our review of the record indicates that the challenged determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986); Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

SUPERINTENDENT

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Daniel R. Barry – Appeals Judge

CONCUR:

Chris Cowan – Appeals Judge

Veronica L. Ruberto – Appeals Judge