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 March 13, 2003. With respect to the issue before her, the hearing officer determined that the appellant’s (claimant) ______________, compensable injury does not extend to include temporomandibular joint disease/syndrome (TMJ). In her appeal, the claimant essentially argues that the hearing officer’s determination is against the great weight of the evidence. In its response, the respondent (carrier) urges affirmance.
DECISION
Affirmed.
The claimant had the burden to prove that her ______________, compensable injury extends to include TMJ. There is conflicting evidence in this case. The 1989 Act makes the hearing officer the sole judge of the weight and credibility to be given to the evidence. Section 410.165(a). The finder of fact may believe that the claimant has an injury, but disbelieve that the injury occurred at work as claimed. Johnson v. Employers Reinsurance Corp., 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). In this instance, the hearing officer simply was not persuaded that the claimant sustained her burden of proving the causal connection between her compensable injury and the TMJ. The hearing officer was acting within her province as the finder of fact in so finding. Nothing in our review of the record reveals that the hearing officer’s determination that the compensable injury does not extend to include TMJ is so contrary to the overwhelming weight of the evidence as to be clearly wrong or unjust. Thus, no sound basis exists for us to disturb the challenged determination on appeal. 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
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Elaine M. Chaney
CONCUR:
Judy L. S. Barnes – Appeals Judge
Edward Vilano – Appeals Judge