This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On November 15, 2000, a contested case hearing was held. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of __________, does not include her right hip. The claimant appealed and the respondent (carrier) responded.
DECISION
Affirmed.
The claimant fell from a stepladder at work on __________, and the carrier accepted a compensable injury to the claimant’s lower back and right shoulder. There was conflicting evidence presented as to whether the claimant also injured her right hip when she fell. The weight to be given to the claimant’s testimony and to the conflicting medical reports was for the hearing officer to determine. 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 from the evidence presented. We conclude that the hearing officer’s determination that the compensable injury of __________, does not include the right hip 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.
The hearing officer’s decision and order are affirmed.
Robert W. Potts – Appeals Judge
CONCUR:
Kenneth A. Huchton – Appeals Judge
Gary L. Kilgore – Appeals Judge