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 February 21, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ____________, and did not have disability. The claimant appeals the determinations on sufficiency grounds. The carrier did not file a response.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury on ____________, and did not have disability. The hearing officer’s injury determination involved a question of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). After considering the evidence presented, the hearing officer was not persuaded that the claimant sustained an injury as a result of the incident on ____________. As an appeals body, we will not substitute our judgment for that of the hearing officer when the determination is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust, as in this case. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986). Because the claimant did not sustain a compensable injury, the hearing officer properly concluded that the claimant did not have disability. Section 401.011(16).
The decision and order of the hearing officer are affirmed.
The true corporate name of the carrier is LIBERTY INSURANCE CORPORATION, and the name and address of its registered agent for service of process is
C.T. CORPORATION SYSTEM
350 NORTH ST. PAUL STREET, SUITE 2900
DALLAS, TEXAS 75201.
Susan M. Kelley
CONCUR:
Daniel R. Barry – Appeals Judge
Elaine M. Chaney – Appeals Judge