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APD 010108
February 12, 2001

APD 010108

February 12, 2001

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 12, 2000. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on __________, and that he does not have disability because he does not have a compensable injury. In his appeal, the claimant argues that the hearing officer’s findings and conclusions are against the great weight of the evidence.



The 1989 Act provides that the hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). Where there are conflicts in the evidence, the hearing officer resolves the conflicts and determines what facts the evidence has established. As an appeals body, we will not substitute our judgment for that of the hearing officer when the determination is not so against the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Texas Workers’ Compensation Commission Appeal No. 950456, decided May 9, 1995.

Since we affirm the hearing officer’s determination that the claimant did not sustain a compensable injury, we likewise affirm the determination that he did not have a disability. By definition, the existence of a compensable injury is a prerequisite to a finding of disability. Section 401.011(16).

The decision and order of the hearing officer are affirmed.

Michael B. McShane
Appeals Judge


Susan M. Kelley
Appeals Judge

Robert E. Lang

Appeals Panel