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 December 10, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ______________, and that because the claimant did not sustain a compensable injury the claimant did not have disability. The claimant appealed on sufficiency of the evidence grounds. The respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
The claimant testified that he injured his low back, left leg, and left ankle when a tree limb he was cutting struck him in the leg, forcing it to break through the pallet he was standing on. The claimant testified that a coworker witnessed the accident, and that he reported the injury to his supervisor that same day. Most of the evidence surrounding the claimed incident was in dispute. The carrier presented testimony from the coworker, who denied witnessing any accident, and the supervisor, who denied that the claimant reported sustaining an injury on the day in question. The hearing officer specifically commented that the claimant’s testimony was “elusive, inconsistent, and not credible.”
The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the fact finder, the hearing officer was charged with the responsibility of resolving the conflicts and inconsistencies in the evidence and deciding what facts the evidence had established. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer was acting within his province as the fact finder in resolving the conflicts and inconsistencies in the evidence against the claimant. Nothing in our review of the record reveals that the challenged determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). Accordingly, no sound basis exists for us to disturb those determinations on appeal.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is ST. PAUL FIRE AND MARINE INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
701 BRAZOS STREET, SUITE 1050
AUSTIN, TEXAS 78701.
Thomas A. Knapp
CONCUR:
Robert W. Potts – Appeals Judge
Margaret L. Turner – Appeals Judge