Title: 

APD 002057

Significant Decision

Date: 

October 10, 2000

Issues: 

Disabilty/Existence-Duration

Table of Contents

APD 002057

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 August 3, 2000. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury and that she did not have disability. Claimant appealed these determinations on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

Claimant contends the hearing officer erred in determining that she did not sustain a compensable injury and that she did not have disability. The hearing officer summarized and discussed the evidence in her decision and order. The applicable law regarding injury and disability issues and our standard of review are set forth in Texas Workers’ Compensation Commission Appeal No. 001819, decided September 18, 2000.

The matters claimant raises in her brief involved credibility and fact issues, which the hearing officer resolved. A review of the decision and order indicates that the hearing officer simply did not believe that claimant sustained a work-related injury. The hearing officer specifically stated that claimant’s testimony was not persuasive. The hearing officer was acting within her province as fact finder in deciding what evidence was credible. After reviewing the evidence, we conclude that the hearing officer’s determinations are 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). Because claimant did not have a compensable injury, she did not have disability. Disability, by definition, requires that there must have been a compensable injury.

We affirm the hearing officer’s decision and order.

Judy L. Stephens

CONCUR:

Kenneth A. Huchton – Appeals Judge

Tommy W. Lueders – Appeals Judge