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 October 12, 2001, in Lufkin. With regard to the issues before him, the hearing officer concluded that the appellant (claimant herein) did not sustain a compensable injury on ___________, and did not have disability. The claimant appeals, arguing that the hearing officer’s resolution of the issues was contrary to the great weight and preponderance of the evidence. The respondent (carrier herein) replies that there was conflicting evidence on the disputed issues and that there was sufficient evidence to support the hearing officer’s resolution of the issues.
DECISION
Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.
The claimant had the burden to prove, by a preponderance of the evidence, that he sustained a compensable injury and thereafter had disability. These issues presented the hearing officer with questions of fact to resolve. 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)). As an appellate-reviewing body, we 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. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We are satisfied that the evidence sufficiently supports the hearing officer’s decision that the claimant did not sustain a compensable injury on ___________, and, consequently, did not have disability.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is AMERICAN INTERSTATE INSURANCE CO. and the name and address of its registered agent for service of process is
STEVE ROPER
1616 S. CHESTNUT
LUFKIN, TEXAS 75902.
Gary L. Kilgore – Appeals Judge
CONCUR:
Michael B. McShane – Appeals Judge
Philip F. O’Neill – Appeals Judge