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APD 041357
July 26, 2004

APD 041357

July 26, 2004

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 13, 2004. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) compensable injury of _______________, extends to and includes chronic regional pain syndrome (CRPS), Type 1, of the right upper extremity. The appellant (carrier) appeals, contending that the hearing officer’s decision is not supported by the evidence and is against the great weight of the evidence. No response was received from the claimant.



The claimant had the burden to prove that his compensable injury includes CRPS. Conflicting evidence was presented on the disputed issue. 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. The carrier presented medical opinions that the claimant does not have CRPS of the right upper extremity. The claimant presented medical opinions that he has CRPS of the right upper extremity as a result of his compensable injury. The hearing officer resolved the conflicts in the evidence in favor of the claimant. Although there is conflicting evidence in this case, we conclude that the hearing officer’s decision is supported by sufficient evidence and 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 LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is




Robert W. Potts


Chris Cowan
Appeals Judge

Thomas A. Knapp
Appeals Judge