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 November 5, 2002. With respect to the issues before her, the hearing officer determined that the respondent (claimant) sustained a compensable injury on ____________, and that she had disability from March 16, 2002, through the date of the hearing. In its appeal, the appellant (carrier) argues that the hearing officer’s injury and disability determinations are against the great weight of the evidence. In her response, the claimant urges affirmance.
DECISION
Affirmed.
The claimant had the burden to prove that she sustained a compensable injury and that she has had disability as defined by Section 401.011(16). Conflicting evidence was presented at the hearing on the disputed issues. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). It was for the hearing officer, as trier of fact, to resolve the inconsistencies and conflicts in the evidence, including the medical evidence, and to decide what facts the evidence had established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Our review of the record reveals that the challenged determinations are supported by sufficient evidence, namely the claimant’s testimony and the medical evidence she offered at the hearing, and that they are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Thus, no sound basis exists for us to disturb the determinations that the claimant sustained a compensable injury on ____________, and that she had disability from March 16, 2002, through the date of the hearing on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert W. Potts – Appeals Judge