This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 13, 2001. The hearing officer resolved the disputed issue of injury by determining that the respondent (claimant herein) sustained a compensable injury on __________. The appellant (carrier herein) files a request for review, contending that the hearing officer’s finding that the claimant sustained a compensable injury was contrary to the evidence. There was no response from the claimant.
DECISION
Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.
There was conflicting evidence presented at the CCH on the issue of injury. The claimant testified that she injured her left shoulder and neck at work while stacking trays of sweet buns and cinnamon rolls. The question under our standard of review was whether the hearing officer’s determinations were so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). Applying this standard, we find sufficient evidence to support the hearing officer’s finding that the claimant sustained a compensable injury on __________. The carrier argues on appeal that this case turns on the claimant’s credibility. It was the province of the hearing officer as the finder of fact to judge the claimant’s credibility.
The decision and order of the hearing officer are affirmed.
Gary L. Kilgore – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Michael B. McShane – Appeals Judge