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 13, 2003.The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ______________, and did not have disability. The claimant appeals these determinations and asserts that his claimed injury extends to herniations at C5-6 and C6-7. The respondent (self-insured) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in reaching the complained-of injury determinations. Whether the claimant sustained a compensable injury involved a question of fact for the hearing officer to resolve. The evidence before the hearing officer was conflicting. 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 hearing officer specifically noted that “[t]he claimant had the burden of proof of a compensable injury under the circumstances claimed. Medical evidence supporting his electrocution theory of causation with appropriate rationale would have significantly enhanced the claimant’s case.” In view of the evidence presented, we cannot conclude that the hearing officer’s determination that the claimant did not sustain a compensable injury is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
We also find no error in the hearing officer’s determination that the claimant did not have disability, as the 1989 Act requires a finding of the existence of a compensable injury as prerequisite to a finding of disability. Section 401.011(16).
We affirm the decision and order of the hearing officer.
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
EH
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Chris Cowan
CONCUR:
Elaine M. Chaney – Appeals Judge
Thomas A. Knapp – Appeals Judge