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 March 20, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (carrier) is allowed to reopen the issue of compensability based on newly discovered evidence pursuant to Section 409.021; that the appellant (claimant) did not sustain a compensable injury on __________; and that the claimant has not had disability. The claimant appealed and the carrier responded.
DECISION
The hearing officer’s decision is affirmed.
The hearing officer did not err in determining that the carrier is allowed to reopen the issue of compensability based on newly discovered evidence that could not reasonably have been discovered earlier pursuant to Section 409.021; that the claimant did not sustain a compensable injury on __________; and that the claimant has not had disability because he did not sustain a compensable injury. There is conflicting evidence in this case. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier 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’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.
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