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 Oct 10 and November 9, 2001. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ______________, and did not have disability. The claimant appealed, arguing essentially that the hearing officer ignored the great weight of the evidence in determining these issues. The respondent (carrier) filed a response, urging affirmance.
DECISION
Affirmed.
The hearing officer has fairly summarized the evidence, including the various versions of the accident that have been given by the claimant. The hearing officer also noted that the claimant had slipped and fallen while grocery shopping the month before the claimed injury of ______________.
The hearing officer did not err in determining that the claimant failed to prove that he suffered an injury or had disability. It is the hearing officer, as the sole judge of the weight and credibility of the evidence (Section 410.165(a)), who resolves the conflicts and inconsistencies in the evidence (Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ)), and determines what facts have been established from the conflicting evidence. St. Paul Fire & Marine Insurance Company v. Escalera, 385 S.W.2d 477 (Tex. Civ. App.-San Antonio 1964, writ ref’d n.r.e.). This is equally true of medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and we do not find them so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). Without a finding that there has been a compensable injury, there can be no determination that there is disability as defined in Section 401.011(16)
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is REPUBLIC UNDERWRITERS INSURANCE COMPANY and the name and address of its registered agent for service of process is
MICHAEL E. DITTO, V.P. & CORPORATE SECRETARY
REPUBLIC UNDERWRITERS INSURANCE COMPANY
2727 TURTLE CREEK BOULEVARD
DALLAS, TEXAS 75219-4801.
Susan M. Kelley – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge