This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On February 16, 2000, a hearing was held. The hearing officer determined that appellant (claimant) did not sustain a compensable injury on ________, and therefore did not have disability. Claimant asserts that she did hurt her back when she picked up a little boy with braces on his legs; her appeal also indicates that disability should be awarded. Respondent (carrier) asserts that the decision should be affirmed.
DECISION
We affirm.
Claimant worked as a school bus aide for (employer) on ________. She testified that on that date she lifted a child and felt sharp pain in her back. She said she sought medical care and told her supervisor the next day. Claimant agreed that she had reported to her supervisor that she had pain because of a bumpy ride and did not mention lifting a child. In addition, claimant provided a statement on April 12, 1999, in which she said she first felt pain in the afternoon of ________, adding, “I was sitting down waiting on the kids to load up . . . [a]nd while I was waiting on that, uh, I just had pains in my lower back and you know I thought it was kidney infection… .” Later, claimant said, “I filed the claim with [Mr. O] and tell [sic] him that hurt probably, I hurt my back probably riding on those rough roads or something, you know, cause it’s been hurting me during those rides, nothing else.”
The earliest date on a medical record is April 7, 1999, on a radiology request which only refers to “lower back pain.” On April 8, 1999, a note from (hospital) says under a heading of chief complaint, “x 2 mo has been experiencing low back pain – unsure of DOI.” Under “exam,” an entry in different writing says, “back pain slow onset getting worse since Tues . . . says may be from riding rough roads . . . started sitting on cushion got better so quit using pillow sev. mo. ago.” Then, the same writing states, “prev. back strain 1999 – Jan lifting student improperly.” On April 14, 1999, claimant was again seen in the hospital and the note includes, “questioned pt re prev inj. 1998 pt denies remembering any inj or having back x-rayed.” When claimant saw Dr. S on April 15, 1999, an entry in Dr. S’s record says “pt. believes pain is due to lifting children where she works”; this entry also said that the pain started in ________ (not two months before as was noted in the hospital record on April 8, 1999). An MRI provided in June 1999 says that claimant has herniated discs at L3-4 and L5-S1.
The hearing officer is the sole judge of the weight and credibility of the evidence. See Section 410.165. He pointed out in his Statement of Evidence and Discussion that claimant was inconsistent in describing the inception of her back pain. He also called attention to claimant’s demeanor while testifying. We note that claimant states in her appeal that she was “scared to death during the hearing,” but does not say that she was anxious while giving a statement to MV on April 12, 1999, or while talking to hospital personnel on April 8, 1999, the times when she made statements indicating that she did not injure her back in ________ while lifting a child.
Credibility is a matter for the hearing officer. Whether claimant was persuasive or not was a determination for the hearing officer to make. The Appeals Panel will only reverse a factual determination when it is against the great weight and preponderance of the evidence. With medical reports on April 8th showing a two-month duration of back pain and referring to the lifting of a child in January and with claimant’s own statement referring to a rough bus ride rather than lifting any child, the hearing officer was sufficiently supported by the evidence in finding that claimant did not show that she sustained a compensable back injury in ________.
With no compensable injury, there can be no disability. See Section 410.011(16).
Finding that the decision and order are sufficiently supported by the evidence, we affirm. See In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
Joe Sebesta – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Dorian E. Ramirez – Appeals Judge