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 February 6, 2003. The hearing officer resolved the disputed issue by deciding that the appellant (claimant) has not had any disability from the compensable injury after February 5, 2002, through the date of the CCH. The claimant appealed the determination essentially on sufficiency of the evidence grounds. The appeal file does not contain a response from the respondent (carrier).
DECISION
Affirmed.
The hearing officer specifically found that periods of disability prior to February 6, 2002, were not in dispute and that finding was not appealed. The claimant had the burden to prove that he had disability as defined by Section 401.011(16). 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. Although there is conflicting evidence in this case, we conclude that the hearing officer’s determinations on the disputed issue are supported by sufficient evidence and that they 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).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is UNITED STATES FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is
PAUL DAVID EDGE
6404 INTERNATIONAL PARKWAY, SUITE 1000
PLANO, TEXAS 75093.
Margaret L. Turner
CONCUR:
Chris Cowan – Appeals Judge
Roy L. Warren – Appeals Judge