This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. A contested case hearing (CCH) was held on September 19, 2001. The hearing officer resolved the disputed issue by deciding that the respondent (claimant) sustained a compensable injury on ___________. The appellant (carrier) appealed, contending that the hearing officer’s decision is against the great weight and preponderance of the evidence, and the claimant responded, requesting affirmance.
DECISION
The hearing officer’s decision is affirmed.
Section 401.011(10) defines a “compensable injury” as “an injury that arises out of and in the course and scope of employment for which compensation is payable under this subtitle.” The claimant had the burden to prove that she sustained an injury during the course and scope of her employment. Johnson v. Employers Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). Conflicting evidence was presented on the disputed issue at the CCH. 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. The hearing officer found that on ___________, the claimant was injured, with damage or harm to the physical structure of her body, while furthering the business interest of the employer, and concluded that the claimant sustained a compensable injury on ___________. Although there is conflicting evidence, the claimant’s testimony and the reports of the treating doctor support the hearing officer’s decision. 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 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is
CT CORPORATION
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Robert W. Potts – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge