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 January 7, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ____________, and that the claimant had disability from June 7, 2001, through the date of the CCH. The appellant (carrier) appealed. No response was received from the claimant.
DECISION
The hearing officer’s decision is affirmed.
The claimant had the burden to prove that he was injured in the course and scope of his employment and that he has had disability as defined by Section 401.011(16). It is undisputed that an incident occurred at work on ____________, when the claimant and his supervisor were pulling a heavy cart from beneath a furnace. Conflicting evidence was presented on what occurred during that incident and whether the claimant sustained an injury. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. We conclude that the appealed findings of fact are supported by the claimant’s testimony, which the hearing officer found credible, and by medical reports in evidence. The hearing officer’s determinations that the claimant sustained a compensable injury and that he has had disability from June 7, 2001, through the date of the CCH are supported by sufficient evidence and are 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).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service is
ROBERT PARNELL
8144 WALNUT HILL LANE, SUITE 1600
DALLAS, TEXAS 75231.
Robert W. Potts – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Philip F. O’Neill – Appeals Judge