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 April 2, 2001. The hearing officer resolved the disputed issues by deciding that the compensable injury the appellant (claimant) sustained on __________, does not include the left knee and left ankle and that the claimant has not had disability. The claimant appealed and the respondent (carrier) responded.
DECISION
The hearing officer’s decision is affirmed.
Conflicting evidence was presented at the hearing with regard to the disputed issues. 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 from the evidence presented. The hearing officer found that the claimant did not injure his left knee or left ankle in the course and scope of his employment on __________, and that due to the claimed injury, the claimant has not been unable to obtain and retain employment at wages equivalent to his preinjury wage. The hearing officer’s determinations are supported by sufficient evidence and are 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).
The hearing officer’s decision and order are affirmed.
Robert W. Potts – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge