This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On January 24, 2001, a hearing was held. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ________ and that the claimant has had disability from August 17, 2000, through the date of the hearing. The appellant (carrier) appealed and the claimant responded.
DECISION
The hearing officer’s decision is affirmed.
On ________ the claimant’s supervisor instructed the claimant to use the employer’s van to pick up supplies at a supply store, and on the return trip from the supply store, the claimant was involved in a motor vehicle accident. Although there is conflicting evidence as to whether the claimant sustained an injury in the accident, the hearing officer’s finding that the claimant did sustain an injury in the course and scope of his employment on ________ is supported by the claimant’s testimony and the medical reports of his treating doctor and referral doctor. The claimant’s testimony and the reports of the claimant’s treating doctor and referral doctor also support the hearing officer’s finding in favor of the claimant on the disability issue. 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 by the evidence presented. The hearing officer’s decision is supported by sufficient evidence and is not so contrary to the overwhelming weight 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:
Elaine M. Chaney – Appeals Judge
Philip F. O’Neill – Appeals Judge