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 June 26, 2002. The hearing officer resolved the disputed issues by deciding that the compensable injury sustained by the respondent (claimant) on ______________, extends to and includes his cervical spine, left shoulder, and left knee, and that the claimant had disability from _________ through October 21, 2001, and from October 30, 2001, through the date of the CCH. The appellant (carrier) appealed and the claimant responded.
DECISION
The hearing officer’s decision is affirmed.
It is undisputed that the claimant sustained a compensable injury on ______________. The disputed issues involved the extent of the compensable injury and whether the claimant has had disability, as defined by Section 401.011(16). The claimant had the burden of proof on the disputed issues. Conflicting evidence was presented at the CCH. 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. The hearing officer’s determinations on the disputed issues are supported by the claimant’s testimony and by the medical records of the claimant’s treating doctor and referral doctors. The hearing officer’s decision is supported by sufficient evidence and is 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 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is
C T CORPORATION
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Robert W. Potts – Appeals Judge
CONCUR:
Daniel R. Barry – Appeals Judge
Gary L. Kilgore – Appeals Judge