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 determined that the (appellant) claimant did not sustain a compensable injury and that the claimant has not had disability. The claimant appealed and the respondent (carrier) responded.
DECISION
The hearing officer’s decision is affirmed.
COMPENSABLE INJURY ISSUE
Section 401.011(10) defines a “compensable injury” as “an injury that arises out of and in the course and scope of employment for which compensation is payable under this subtitle.” The claimant had the burden to prove that she was injured during the course and scope of her employment. Johnson v. Employers’ Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). Conflicting evidence was presented at the CCH. The claimant said that she was injured pulling overstocked merchandise; however, there was other testimony that the claimant did not pull overstocked merchandise. There were also conflicting medical opinions regarding the cause of the claimant’s claimed injury. 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 the conflicts in the evidence and determines what facts have been established. The hearing officer, as the trier of fact, may believe that the claimant has an injury, but disbelieve that the injury occurred as claimed by the claimant. Johnson, supra. It is clear from the hearing officer’s discussion of the evidence that he did not find the claimant’s testimony to be credible regarding the circumstances of her claimed injury. The hearing officer’s decision that the claimant did not sustain a compensable injury 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).
DISABILITY ISSUE
Section 401.011(16) defines “disability” as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” The hearing officer did not err in determining that the claimant has not had disability because, without a compensable injury, the claimant would not have disability as defined by the 1989 Act.
The true corporate name of the insurance carrier is LIBERTY MUTUAL GROUP and the name and address of its registered agent for service of process is
DAVE CROWDER
2100 WALNUT HILL LANE
IRVING, TEXAS 75016.
Robert W. Potts
CONCUR:
Gary L. Kilgore – Appeals Judge
Philip F. O’Neill – Appeals Judge