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 September 13, 2001. She determined that the respondent (claimant) sustained a compensable injury on __________, and had disability from May 22, 2001, through the date of the CCH. The appellant (self-insured) urges on appeal that these determinations are not supported by the evidence. The appeal file contains no response from the claimant.
DECISION
Affirmed.
The claimant had the burden to prove, by a preponderance of the evidence, that she sustained a compensable injury on __________, and thereafter had disability and these issues presented the hearing officer with questions of fact to resolve. Injury and disability determinations can be established by the claimant’s testimony alone, if believed by the hearing officer. Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394 (Tex. 1989). The hearing officer could believe the claimant’s testimony, as she obviously did, and also credit the evidence in the medical records relating to the period of her disability as that concept is defined in Section 401.011(16).
The hearing officer determined that the claimant sustained a compensable injury and had disability. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and it is for the hearing officer to resolve such conflicts and inconsistencies in the evidence as were present in this case (Garza v. Commercial Insurance Co. of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ)). 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).
The decision and order of the hearing officer are affirmed.
The true corporate name of the self-insured is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
CR
UNIVERSITY
(CITY), TEXAS (ZIP CODE).
Gary L. Kilgore
CONCUR:
Michael B. McShane – Appeals Judge
Philip F. O’Neill – Appeals Judge