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 May 9, 2002. The hearing officer resolved the disputed issues by concluding that the appellant (claimant) did not sustain a compensable injury on _____________, and that the claimant did not have disability. The claimant appeals, arguing that the determinations of the hearing officer are against the great weight and preponderance of the evidence. In its response, the respondent (carrier) maintains that the preponderance of the credible evidence admitted at the CCH supports the hearing officer’s determinations.
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 claimant has the burden to prove that he was injured in the course and scope of his employment. Johnson v. Employers Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). The trier of fact may believe that a claimant has an injury, but disbelieve that the injury occurred at work as claimed. Johnson.
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)). The hearing officer specifically noted that the claimant’s testimony was conflicting and unpersuasive. In view of the evidence presented, we cannot conclude that the hearing officer’s injury determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. 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).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Michael B. McShane
CONCUR:
Philip F. O’Neill – Appeals Judge
Roy L. Warren – Appeals Judge