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 October 8, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ___________, and had disability from July 17, 2001, through October 8, 2001. The appellant (carrier) appealed and the claimant responded.
DECISION
The hearing officer’s decision is affirmed.
COMPENSABLE INJURY
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 at the CCH. As a general rule, in workers’ compensation cases the issues of injury and disability may be established by the testimony of the claimant alone. Houston General Insurance Company v. Pegues, 514 S.W.2d 492 (Tex. Civ. App.-Texarkana 1974, writ ref’d n.r.e.). The hearing officer found that the claimant sustained damage or harm to the physical structure of her body, specifically her neck and low back, during the course and scope of her employment on ___________, while lifting cases of beverages, and concluded that the claimant sustained a compensable injury. 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’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
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.” The hearing officer determined that the claimant had disability from July 17, 2001, through the date of the CCH, October 8, 2001. Although there is conflicting evidence on this issue, the hearing officer’s determination is supported by the claimant’s testimony and medical reports, and is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain, supra.
OTHER MATTERS
We do not consider the hearing officer’s decision to be incomplete as is asserted by the carrier. See Section 410.168(a). The carrier has not shown that the hearing officer erred in admitting into evidence certain pages of Claimant’s Exhibit No. 1 over the carrier’s objection of untimely exchange. The hearing officer was apparently persuaded that the pages that were objected to were exchanged at the benefit review conference, as was represented to her by the ombudsman.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is FEDERATED MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
RUSS LARSON
860 AIRPORT FREEWAY WEST, SUITE 500
HURST, TEXAS 75054-3286.
Robert W. Potts – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Thomas A. Knapp – Appeals Judge