This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on October 29, 2001. With respect to the issues before her, the hearing officer determined that the appellant’s (claimant) ___________, compensable injury does not extend to and include an injury to the cervical spine, right shoulder, right hip, coccyx, or a mild concussion, and that the claimant did not have disability as a result of her compensable injury. In her appeal, the claimant contends that those determinations are against the great weight of the evidence. In its response to the claimant’s appeal, the respondent (carrier) urges affirmance.
DECISION
Affirmed.
The claimant had the burden to prove that her ___________, compensable injury extends to and includes an injury to her cervical spine, right shoulder, right hip, coccyx, and a mild concussion. Johnson v. Employers Reinsurance Corp., 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). Extent of injury is a question of fact for the hearing officer to resolve. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). It is for the hearing officer to resolve the conflicts and inconsistencies in the evidence and to decide what facts the evidence has established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Our review of the record does not reveal that the challenged determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to reverse the hearing officer’s extent-of-injury determination on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
Disability is likewise a question of fact to be determined by the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93560, decided August 19, 1993. “Disability” is defined as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” Section 401.011(16). The claimant bears the burden of establishing that her compensable injury was a cause of her disability. The hearing officer was not persuaded that the claimant sustained her burden of proof on the disability issue and nothing in our review of the record reveals that the hearing officer’s disability determination is so against the great weight of the evidence as to compel its reversal. Cain, supra.
The hearing officer’s decision and order are affirmed.
The true corporate name of the carrier is TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TX 75201.
Elaine M. Chaney – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Michael B. McShane – Appeals Judge