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 9, 2001. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of __________, does not extend to and include an injury to the claimant’s neck. The claimant appealed and the respondent (carrier) responded.
DECISION
The hearing officer’s decision and order are affirmed.
It is undisputed that the claimant sustained a compensable head laceration injury on __________. The disputed issue was whether the claimant’s compensable injury extends to and includes an injury to his neck. The claimant had the burden to prove the extent of his compensable injury. Texas Workers’ Compensation Commission Appeal No. 001769, decided September 8, 2000. Conflicting evidence was presented at the CCH. It has been held that a fact finder is not bound by the testimony of a medical witness where the credibility of that testimony is manifestly dependent upon the credibility of the information imparted to the medical witness by the claimant. Rowland v. Standard Fire Ins. Co., 489 S.W.2d 151 (Tex. Civ. App.-Houston [14th Dist.] 1972, writ ref’d n.r.e.). It is evident from the hearing officer’s decision that he did not find the claimant’s testimony on the disputed issue 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’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 HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750, COMMODORE 1
AUSTIN, TEXAS 78701.
Robert W. Potts – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Philip F. O’Neill – Appeals Judge