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 30, 2003. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on _____________; that the claimant has not had disability; and that the claimant failed, without good cause, to timely notify his employer of his alleged injury. The claimant appeals the hearing officer’s determinations on all of the disputed issues, contending that the hearing officer’s decision is against the great weight of the evidence. The respondent (carrier) responds that the hearing officer’s decision is supported by the evidence and requests affirmance.
DECISION
Affirmed.
The claimant had the burden to prove that he sustained a compensable injury as defined by Section 401.011(10); that he had disability as defined by Section 401.011(16); and that he timely notified his employer of his claimed injury not later than the 30th day after the date on which the injury occurred in accordance with Section 409.001(a), or had good cause for failing to timely notify the employer of the claimed injury. Conflicting evidence was presented on the issues of whether the claimant sustained a compensable injury and whether he timely notified his employer of his claimed injury. 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 determinations on the disputed issues are supported by sufficient evidence and are 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). Without a compensable injury, the claimant would not have disability as defined by Section 401.011(16).
We affirm the hearing officer’s decision and order.
The true corporate name of the insurance carrier is AMERISURE MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
CINDY GHALIBAF
7610 STEMMONS FREEWAY, SUITE 350
DALLAS, TEXAS 75247.
Robert W. Potts
CONCUR:
Elaine M. Chaney – Appeals Judge
Chris Cowan – Appeals Judge