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 May 5, 2003. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on August 28, 2002; that the claimant did not have disability; and that the claimant is not entitled to reimbursement of travel expenses for medical treatment at the direction of Dr. I. The claimant appeals the determinations essentially on sufficiency grounds. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in making the challenged determinations. The hearing officer noted that the claimant’s testimony was to some extent inconsistent with the other evidence and further that the mechanism of injury described by the claimant was not consistent with the claimed injuries. The claimant has the burden to prove that he sustained a compensable injury on August 28, 2002. Johnson v. Employers Reinsurance Corp., 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). That question presented the hearing officer with a question of fact. The hearing officer was not persuaded that the claimant met his burden. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). The Appeals Panel, an appellate-reviewing tribunal, will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and we do not find them so in this case. 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). As for the disability and travel expense reimbursement findings, they are not only sufficiently supported by the evidence, but are also compelled by the determination that the claimant did not sustain a compensable injury.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
GT
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Margaret L. Turner
CONCUR:
Chris Cowan – Appeals Judge
Robert W. Potts – Appeals Judge