Title: 

APD 041308

Significant Decision

Date: 

July 20, 2004

Issues: 

Extent of Injury

Table of Contents

APD 041308

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 May 12, 2004. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of _______________, extends to include right wrist tenosynovitis, right carpal tunnel syndrome (CTS), and right cubital tunnel syndrome (CuTS). The appellant (carrier) appealed, arguing that there is insufficient evidence to support the hearing officer’s decision. The appeal file does not contain a response from the respondent (claimant).

DECISION

Affirmed.

The parties stipulated that the claimant sustained a compensable injury on _______________. At issue was whether the compensable injury extended to include right wrist tenosynovitis, right CTS, and right CuTS. The extent-of-injury issue 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). 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).

We affirm the decision and order of the hearing officer.

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

CORPORATE SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Margaret L. Turner

CONCUR:

Chris Cowan – Appeals Judge

Robert W. Potts – Appeals Judge