This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on September 26, 2001. The hearing officer held that the appellant (claimant) did not injure his back on ___________, in the course and scope of employment, and therefore did not have disability.
The claimant has appealed and argues that he proved his case through testimony and medical evidence. The respondent (carrier) responds that the decision should not be reversed.
DECISION
We affirm.
We have reviewed the complained-of determinations and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. An appeals-level body is not a fact finder and does not normally pass upon the credibility of witnesses or substitute its own judgment for that of the trier of fact, even if the evidence would support a different result. National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Soto, 819 S.W.2d 619, 620 (Tex. App.-El Paso 1991, writ denied); American Motorists Insurance Co. v. Volentine, 867 S.W.2d 170 (Tex. App.-Beaumont 1993, no writ). We conclude that the hearing officer’s determination regarding injury and disability is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). We affirm the hearing officer’s decision and order.
The true corporate name of the insurance carrier is CRUM & FORSTER INDEMNITY COMPANY and the name and address of its registered agent for service of process is
PAUL DAVID EDGE
6404 INTERNATIONAL PARKWAY SUITE 1000
PLANO, TEXAS 75093.
Susan M. Kelley – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Michael B. McShane – Appeals Judge