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 June 24, 2003. The hearing officer resolved the disputed issues by deciding that on April 1, 2002, the respondent (claimant) sustained a compensable injury to his bilateral shoulders; that as a result of the compensable injury, the claimant had disability from February 20, 2003, through the date of the CCH; and that the appellant (carrier) is not relieved of liability under Section 409.002 because the claimant timely notified his employer of an injury pursuant to Section 409.001. The carrier appeals the hearing officer’s decision on all of the disputed issues, contending that the decision is against the great weight and preponderance of the evidence. The claimant asserts that the evidence supports the hearing officer’s decision.
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 gave timely notice of an injury to the employer in accordance with Section 409.001(a). 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. Although there is conflicting evidence in this case, we conclude that the hearing officer’s determinations on the appealed issues of compensable injury, disability, and timely notice of injury 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).
We affirm the hearing officer’s decision and order.
The true corporate name of the insurance carrier is (a certified self-insured) and the name and address of its registered agent for service of process is
JS
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Robert W. Potts
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge