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 October 21, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ____________, and that the clamant had disability from June 12 to August 27, 2002. The appellant (carrier) appealed. No response was received from the claimant.
DECISION
The hearing officer’s decision is affirmed.
The claimant had the burden to prove that he sustained a compensable injury as defined by Section 401.011(10) and that he had disability as defined by Section 401.011(16). 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, we conclude that the hearing officer’s decision is supported by the claimant’s testimony and by the reports of the treating doctor. We do not agree with the carrier’s assertion that the hearing officer acted as an advocate for the claimant in asking questions of the witnesses. It appears that the hearing officer was attempting to more fully develop the facts for the determinations to be made on the disputed issues. See Section 410.163(b). 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 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
MR. RUSSELL R. OLIVER, PRESIDENT
221 WEST 6TH STREET
AUSTIN, TEXAS 78701.
Robert W. Potts – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Elaine M. Chaney – Appeals Judge