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 2, 2003. The hearing officer decided the appellant (claimant) did not sustain a compensable injury in the form of an occupational disease; that the date of the alleged injury would be _____________; that the claimant did not report the injury to her employer within 30 days or have good cause for her failure to do so; and that because the claimant had no compensable injury she had no disability. The claimant appeals those determinations and the carrier (respondent) responds, urging affirmance.
DECISION
Affirmed.
The issues before the hearing officer were whether the claimant sustained a compensable injury, the date of the alleged injury, whether the claimant timely reported her alleged injury to her employer, and whether the claimant had disability from a compensable injury. Conflicting evidence was presented on those 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 from the evidence presented. The hearing officer’s decision 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, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is CLARENDON NATIONAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
UNITED STATES CORPORATION COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Gary L. Kilgore
CONCUR:
Elaine M. Chaney – Appeals Judge
Michael B. McShane
Appeals Panel
Manager/Judge