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 March 20, 2003. The hearing officer resolved the disputed issue by deciding that the appellant (claimant) had disability from May 20 through June 10, 2002, but that the claimant did not have disability from June 11, 2002, through the date of the CCH. The claimant appealed the hearing officer’s determination that he did not have disability from June 11, 2002, through the date of the CCH. The respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
It is undisputed that the claimant sustained a compensable injury on _____________. Section 401.011(16) defines “disability” as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” Conflicting evidence was presented at the CCH on the disputed disability issue. 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 determination on the disability issue is supported by sufficient evidence and that it 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).
We affirm the hearing officer’s decision and order.
The true corporate name of the insurance carrier is TRANSPORTATION INSURANCE COMPANY, 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.
Robert W. Potts
CONCUR:
Elaine M. Chaney – Appeals Judge
Chris Cowan – Appeals Judge