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 10, 2003. The hearing officer determined that the appellant (claimant) had not sustained a compensable injury on _______________, and that the claimant did not have disability.
The claimant appeals, principally on a sufficiency of the evidence basis, citing medical reports and other evidence favorable to his position. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
The claimant testified that he injured his neck and right shoulder getting off a forklift on _______________. The claimant reported his injury on September 18, 2002, after seeing a doctor. The doctor’s history is somewhat at odds with the claimant’s testimony and there was some confusion regarding the date of injury. The hearing officer commented that she did not find the claimant “to be a credible witness.”‘
The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)), resolves the conflicts and inconsistencies in the evidence (Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ)), and determines what facts have been established from the conflicting evidence. St. Paul Fire & Marine Insurance Company v. Escalera, 385 S.W.2d 477 (Tex. Civ. App.-San Antonio 1964, writ ref’d n.r.e.). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and we do not find them so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is OLD REPUBLIC INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Thomas A. Knapp
CONCUR:
Elaine M. Chaney – Appeals Judge
Roy L. Warren – Appeals Judge