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 scheduled for July 24, 2003, but reset to and held on August 8, 2003. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on _____________, and had disability beginning April 5, 2003, and continuing through the date of the CCH. The appellant (carrier) appealed, arguing that the determinations of the hearing officer are so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. There is no response in the file from the claimant.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant sustained a compensable injury on _____________, and that he had disability from April 5, 2003, through the date of the CCH. Those issues presented questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer was persuaded that the claimant sustained his burden of proving that he sustained a compensable injury when he slipped and fell at work and that he had disability for the period found. Our review of the record reveals that the hearing officer’s injury and disability determinations are supported by sufficient evidence and are not so contrary to the overwhelming weight of the evidence as to be clearly wrong or unjust. Thus, no sound basis exists for us to disturb those determinations on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). This is so even though another fact finder might have drawn other inferences and reached other conclusions. Salazar, et al. v. Hill, 551 S.W.2d 518 (Tex. Civ. App.-Corpus Christi 1977, writ ref’d n.r.e.).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is (carrier) and the name and address of its registered agent for service of process is
RP
(ADDRESS)
(CITY) TEXAS (ZIP CODE).
Margaret L. Turner
CONCUR:
Judy L. S. Barnes – Appeals Judge
Edward Vilano – Appeals Judge