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 3, 2001. With regard to the disputed issues the hearing officer determined that the respondent (claimant) sustained a compensable (low back) injury on __________; that the compensable injury extends to and includes a herniated disc; and that the claimant had disability from November 6, 2000, through the date of the CCH.
The appellant (carrier) appeals principally challenging the credibility of the claimant’s evidence and asserting there is insufficient evidence to support the hearing officer’s decision. The claimant responds urging affirmance.
DECISION
Affirmed.
The claimant was employed as an aircraft mechanic and testified that he hurt his back on __________, working on hydraulic lines on a landing gear. It appears undisputed that when the claimant came to work on __________, he was walking without a limp and that after a break he complained of his back hurting and had a limp. There is conflicting testimony what he told his supervisor. The carrier points to some inconsistencies in the medical records and challenges the treating doctor’s testimony. The hearing officer summarizes the evidence in some detail.
This case turns almost entirely on the credibility and weight that is given to the evidence and that is a matter solely for the hearing officer to resolve. Section 410.165(a). The carrier’s appeal on the disability issue is premised solely on the fact that the claimant had not sustained a compensable injury.
We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are not 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).
We affirm the hearing officer’s decision and order.
Thomas A. Knapp – Appeals Judge
CONCUR:
Michael B. McShane – Appeals Judge
Robert W. Potts – Appeals Judge