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 August 4, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on _____________, and that, because there is no compensable injury, the claimant did not have disability.
The claimant appeals principally on sufficiency of the evidence grounds, reciting evidence that supports her position. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
The claimant, a certified nurse’s aide, testified that she sustained a low back injury when she was helping a coworker move a patient on _____________. In a transcribed statement, the coworker denied knowledge of the event. The hearing officer, in his Statement of the Evidence gives a detailed summary of the evidence in the case and concluded that there was insufficient evidence “that the alleged injury-causing incident . . . ever occurred” or that the claimant’s “lumber sprain/strain is related to a specific, traumatic, work-related incident.”
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 trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. 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).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is SECURITY INSURANCE COMPANY OF HARTFORD and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Thomas A. Knapp
CONCUR:
Chris Cowan – Appeals Judge
Margaret L. Turner – Appeals Judge