This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on March 8, 2001. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on __________, and did not have disability. On appeal, the claimant expresses disagreement with this decision and sets out facts that he believes to support his case. He complains that the carrier withdrew exhibits of medical evidence favorable to his claim. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
A “compensable injury” means “an injury that arises out of and in the course and scope of employment for which compensation is payable under this subtitle.” Section 401.011(10). The claimant had the burden to prove he was injured in the course and scope of his employment. Reed v. Aetna Casualty & Surety Co., 535 S.W.2d 377 (Tex. Civ. App.-Beaumont 1976, writ ref’d n.r.e.). In the present case, the hearing officer determined that the claimant did not sustain a compensable injury. He interpreted the testimony and medical evidence as more consistent with continuation of the claimant’s 1999 injury. The hearing officer is the trier of fact and is the sole judge of the relevance and materiality of the evidence and of the weight and credibility to be given to the evidence. Section 410.165(a). Where there are conflicts in the evidence, the hearing officer resolves the conflicts and determines what facts the evidence has established. The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and we do not find them to be so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 224 S.W.2d 660 (1951).
“Disability” is defined as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” Section 401.011(16). Since there was no finding of a compensable injury, there can be no disability.
Finally, regarding the complaint that the carrier withdrew favorable exhibits, this would not have precluded the claimant from offering this same information as part of his case. All exhibits were tendered and admitted at the beginning of the CCH.
The decision and order of the hearing officer are affirmed as supported by sufficient evidence in the record.
Susan M. Kelley – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Michael B. McShane – Appeals Judge