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 May 21, 2001. The hearing officer resolved the disputed issue by deciding that the respondent (claimant) had disability resulting from the compensable injury of __________, from __________, through the date of the CCH. The appellant (self-insured) appealed and the claimant responded.
DECISION
As reformed herein, the hearing officer’s decision and order are affirmed.
The hearing officer did not err in determining that the claimant had disability as a result of his compensable injury of __________, from __________, through the date of the CCH. Conflicting evidence was presented at the CCH on the disputed issue. The hearing officer resolved the conflicts in the claimant’s favor. 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’s decision is supported by the testimony and reports of the claimant’s treating doctor. 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.
In the “Evidence Presented” section of the decision, the hearing officer incorrectly notes that no witnesses testified. We reform that portion of the hearing officer’s decision to state that the claimant’s treating doctor testified.
The hearing officer’s decision and order, as reformed herein, are affirmed.
Robert W. Potts – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge