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 16, 2001. The record closed on October 19, 2001. Three claims were considered during this CCH. In this case, the hearing officer determined that the appellant (claimant) sustained a compensable injury on ___________, and timely reported the injury to the respondent (self-insured employer), but did not have disability as a result of the compensable injury. The claimant appeals the disability determination on sufficiency-of-the-evidence grounds. The self-insured employer urges affirmance of the hearing officer’s decision and order.
DECISION
Affirmed.
The hearing officer was persuaded that the claimant met his burden of proving by a preponderance of the evidence that he sustained a compensable injury on ___________. After ___________, the claimant kept working at his regular duties and did not seek medical treatment until after he allegedly sustained another injury on ___________. When the claimant began to miss work starting on ___________, his treating doctor attributed it to “degenerative arthritis, depression,” rather than to any work-related injury.
“Disability” means the “inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” Section 401.011(16). The determination as to an employee’s disability is a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 92147, decided May 29, 1992. The 1989 Act provides that the hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). Where there are conflicts in the evidence, the hearing officer resolves the conflicts and determines what facts the evidence has established. As an appeals body, we will not substitute our judgment for that of the hearing officer when the determination is not so against the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Texas Workers’ Compensation Commission Appeal No. 950456, decided May 9, 1995.
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is (a certified self-insured) and the name and address of its registered agent for service of process is
C T CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Michael B. McShane – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Thomas A. Knapp – Appeals Judge