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 24, 2001. He found that the appellant (claimant) did not have a compensable injury and therefore had no disability. The claimant has appealed, arguing that this decision runs contrary to the great weight and preponderance of the evidence. The respondent (carrier) argues that the decision should be affirmed.
DECISION
We affirm the hearing officer’s decision.
The claimant, employed as a food service worker, contended that she severely sprained her ankle when she twisted on a greasy or slippery piece of paper below her feet. There was conflicting evidence offered that she reported to her supervisor that she had ankle problems from childhood, and her ankle had popped as she was standing in the food line. There were some discrepancies in accounts that the claimant had given of the alleged incident. In summary, the evidence was conflicting and presented fact issues for the hearing officer to determine.
The trier of fact may believe all, part, or none of the testimony of any witness. Taylor v. Lewis, 553 S.W.2d 153, 161 (Tex. Civ. App.-Amarillo 1977, writ ref’d n.r.e.). 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). The decision of the hearing officer will be set aside only if the evidence supporting the hearing officer’s determination is so weak or against the overwhelming weight of the evidence as to be clearly wrong or manifestly unjust. Atlantic Mutual Insurance Company v. Middleman, 661 S.W.2d 182 (Tex. App.-San Antonio 1983, writ ref’d n.r.e.). We do not agree that this is the case here, and affirm the decision and order.
The true corporate name of the insurance carrier is FIREMAN’S FUND INSURANCE COMPANY and the name and address of its registered agent for service of process is
DOROTHY C. LEADERER
1999 BRYAN STREET
DALLAS, TEXAS 75201.
Susan M. Kelley – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge