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 16, 2001. The hearing officer determined that the appellant’s (claimant) correct date of maximum medical improvement (MMI) was October 27, 1999, as certified by the Texas Workers’ Compensation Commission (Commission)-selected designated doctor. The claimant has appealed this determination, arguing that the fact that she subsequently had surgery, with significant improvement, shows that she was not at MMI on the date certified by the designated doctor. The respondent (carrier) urges that the designated doctor’s certified MMI date is correct and that the hearing officer’s determination should be affirmed.
DECISION
Affirmed.
The hearing officer determined that the presumptive weight afforded the opinion of the Commission-selected designated doctor was not overcome by the great weight of the other medical evidence. Section 408.122(c). 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, and we do not find it to be so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Texas Workers’ Compensation Commission Appeal No. 950456, decided May 9, 1995.
We affirm the decision and order of the hearing officer.
Michael B. McShane – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Robert W. Potts – Appeals Judge