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 April 17, 2003. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ____________; that the appellant (carrier) waived the right to dispute compensability of the injury by not disputing or paying benefits within seven days after it received written notice; and that the claimant had disability from May 6, 2002, through the date of the hearing. The carrier appealed the hearing officer’s injury and disability determinations based on sufficiency of the evidence grounds. The claimant responded, urging affirmance. The hearing officer’s carrier waiver determination has not been appealed and has become final pursuant to Section 410.169.
DECISION
Affirmed.
The claimant had the burden to prove that he sustained an injury in the course and scope of his employment and that he had disability as defined by Section 401.011(16). Conflicting evidence was presented on the disputed issues. 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. We conclude that the hearing officer’s decision on the two disputed issues of injury and disability 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).
We affirm the hearing officer’s decision and order.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
ROBERT PARNELL
8144 WALNUT HILL LANE, SUITE 1600
DALLAS, TEXAS 75231-4813.
Veronica L. Ruberto
CONCUR:
Judy L. S. Barnes – Appeals Judge
Edward Vilano – Appeals Judge