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 11, 2001. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on __________, and that the claimant has not had disability. The claimant appealed. No response was received from the respondent (self-insured).
DECISION
The hearing officer’s decision is affirmed.
COMPENSABLE INJURY ISSUE
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 was injured in 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 at the CCH. The hearing officer, as the trier of fact, may believe that the claimant has an injury, but disbelieve that the injury occurred as claimed by the claimant. Johnson. In the instant case, it is evident from the hearing officer’s discussion of the evidence that he did not find the claimant’s testimony concerning how she was injured to be credible. 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 the claimant did not injure any part of her body while working for the employer on __________, and concluded that the claimant did not sustain a compensable injury on that date. 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).
DISABILITY ISSUE
Section 401.011(16) defines “disability” as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” Without a compensable injury, the claimant would not have disability as defined by the 1989 Act.
The hearing officer’s decision and order are affirmed.
The true corporate name of the self-insured is (SELF-INSURED) and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH. ST. PAUL STREET
DALLAS, TEXAS 75201.
Robert W. Potts – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge