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 November 1, 2001. The hearing officer resolved the disputed issues by determining that the appellant (claimant) did not sustain a compensable injury on __________, and that he therefore did not have disability. The claimant appealed the hearing officer’s determinations on sufficiency grounds and the respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
The claimant testified that he injured his neck on __________, while rearranging a stack of boxes, which contained lawn mowers, in the employer’s warehouse; that, on that same day, he reported to the employer’s owner that he experienced pain in his neck while stacking boxes and that he needed to go home; that he sought medical treatment on June 25, 2001, at a local hospital; that he worked on June 26, 2001; that he reported his work-related injury to the employer’s vice president on June 27, 2001, and commenced treating with a local chiropractor that same day; and that the chiropractor took him off work from June 28, 2001, until August 2, 2001. The employer’s owner testified that the claimant never reported a work-related injury to him. The owner testified that the claimant did come to him on __________, but that the claimant stated that his problems were due to a collapsed lung. The vice president testified that the claimant told him he had sustained a work-related injury on __________. He further testified that when he questioned the claimant as to how the injury occurred, the claimant changed his story three times.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury and therefore did not have disability. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves conflicts in the evidence and may believe all, part, or none of the testimony of any witness. Texas Workers’ Compensation Commission Appeal No. 950084, decided February 28, 1995. The finder of fact may believe that the claimant has an injury, but disbelieve the claimant’s testimony that the injury occurred at work as claimed. Johnson v. Employers Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). In this case, the hearing officer determined that the claimant’s testimony was not credible and that he did not sustain his burden of proof on either issue. Nothing in our review of the record indicates that the challenged determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986); Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is NATIONAL AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
DAVID W. McLANE
1601 ELM STREET, SUITE 3000
DALLAS, TX 75201.
Philip F. O’Neill – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge