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 June 29, 2001. With regard to the disputed issues, the hearing officer determined that the appellant (claimant) did not sustain a compensable back injury on _____________, and that the claimant does not have disability.
The claimant appealed, essentially reiterating his evidence at the CCH, including medical evidence, and asserting the hearing officer’s decision is against the great weight and preponderance of the evidence. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
The claimant alleges he sustained a back injury on ____________, helping move a partially filled 55-gallon drum at a drilling rig. Much of the evidence regarding what the claimant told whom is conflicting. The medical evidence generally supports a strain/sprain injury with muscle spasms but causation is based on the claimant’s history.
Conflicting evidence was presented on the disputed issues and we conclude that the complained-of determinations involved fact determinations for the hearing officer to resolve. As the trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. 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. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is HIGHLANDS INSURANCE GROUP and the name and address of its registered agent for service of process is
STEVE ADAMS
10370 RICHMOND AVE.
HOUSTON, TEXAS 77042.
Thomas A. Knapp – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Susan M. Kelley – Appeals Judge