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APD 041681
September 1, 2004

APD 041681

September 1, 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 June 22, 2004. The hearing officer determined that the ________________, compensable injury of appellant (claimant) does not extend to the right third trigger finger. Claimant appealed this determination on sufficiency grounds. The file does not contain a response from respondent (carrier).


We affirm.

We have reviewed the complained-of determination regarding extent of injury and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determination is supported by the record and is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

Claimant contends that the issue of extent to the right third trigger finger had already been determined in claimant’s favor at a prior hearing. However, the issue of extent of injury was not before the hearing officer in that case and was not decided in the prior decision and order. Claimant asserts that the hearing officer improperly considered the evidence regarding whether claimant had signs of trigger finger in other fingers. The hearing officer properly considered this evidence in determining the cause of claimant’s finger condition. The hearing officer did not decide an issue of compensability regarding other fingers. We perceive no error.

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is SERVICE LLOYDS INSURANCE COMPANY and the name and address of its registered agent for service of process is




Judy L. S. Barnes


Daniel R. Barry
Appeals Judge

Thomas A. Knapp
Appeals Judge