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 May 2, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on __________, and that the claimant had disability from September 20, 2000, through the date of the CCH. The appellant (self-insured) appealed and the claimant responded.
DECISION
The hearing officer’s decision is affirmed.
The hearing officer did not err in determining that the claimant sustained a compensable injury on __________, and that the claimant had disability from September 20, 2000, through the date of the CCH. Conflicting evidence was presented to the hearing officer on the disputed issues. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. The hearing officer’s decision 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. We note that the imaging report that is Claimant’s Exhibit No. 10 and Self-Insured’s Exhibit No. 7, which report is discussed in the appeal and the response, appears to be a comparison of the March 1999 MRI and the August 2000 MRI, the weight of which was for the hearing officer to determine as the finder of fact.
The hearing officer’s decision and order are affirmed.
Robert W. Potts – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Thomas A. Knapp – Appeals Judge