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 November 2, 2001. With regard to the disputed issues, the hearing officer determined that the appellant (claimant) had not sustained a compensable injury on ____________, and did not have disability.
The claimant appealed, contending that her testimony of a slip and fall is supported by certain medical evidence. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
The claimant, a morning cook at the employer’s restaurant, testified that she slipped and fell on the early morning of ___________, injuring her back and neck. It is undisputed that the claimant reported an injury to the general manager later that morning, left work early, and sought medical treatment. In dispute is whether the claimant had previously sustained her injury at home when she fell changing a light bulb. There were inconsistencies between the claimant’s testimony and a prior recorded statement.
The hearing officer is the sole judge of the weight and credibility of the evidence (Section410.165(a)), 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 that 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.). A fact finder is not bound by the testimony (or evidence) of a medical witness where the credibility of that testimony (or evidence) is manifestly dependent upon the credibility of the information imparted to the medical witness by the claimant. Rowland v. Standard Fire Insurance Company, 489 S.W.2d 151 (Tex. Civ. App.-Houston [14th Dist.] 1972, writ ref’d n.r.e.). 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).
Because we are affirming the hearing officer’s decision that the claimant did not have a compensable injury, the claimant cannot, by definition in Section 401.011(16), have disability.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is MID-CENTURY INSURANCE COMPANY and the name and address of its registered agent for service of process is
FRED WERKENTHIN
JACKSON WALKER LLP
110 CONGRESS AVE., STE. 1100
AUSTIN, TEXAS 78701.
Thomas A. Knapp – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Elaine M. Chaney – Appeals Judge