This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On November 9, 2000, a hearing was held. The hearing officer decided that the respondent (claimant) sustained a compensable injury on _________, and had disability resulting from the compensable injury from May 6, 2000, through the date of the hearing. The appellant (carrier) appealed, asserting that the hearing officer’s decision was against the great weight of the evidence. The claimant did not respond.
DECISION
Affirmed.
There was conflicting evidence presented at the hearing regarding how and when the claimant sustained a low back injury. The determination of the claimant’s disability hinged upon the resolution of the compensability of the low back injury. The 1989 Act provides that the hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). Where there are conflicts in the evidence, the hearing officer resolves the conflicts and determines what facts the evidence has established. As an appeals body, we will not substitute our judgment for that of the hearing officer when the determination is not so against the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Texas Workers’ Compensation Commission Appeal No. 950456, decided May 9, 1995. The hearing officer’s determinations are supported by the evidence.
The decision and order of the hearing officer are affirmed.
Kenneth A. Huchton – Appeals Judge
CONCUR:
Robert W. Potts – Appeals Judge
Judy L. Stephens – Appeals Judge