This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on April 18, 2001, and July 11, 2001. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on _____________, and that the claimant has not had disability. The claimant appealed and the respondent (self-insured) responded.
DECISION
The hearing officer’s decision is affirmed.
COMPENSABLE INJURY
The hearing officer did not err in determining that the claimant did not sustain a compensable injury. Section 401.011(10) defines “compensable injury.” The claimant had the burden to prove that she was injured in the course and scope of her employment. Johnson v. Employers Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). The claimant testified that she fell at work and injured her back; however, the extensive medical records in evidence record no such incident. The claimant’s supervisor’s testimony also contradicted the claimant’s testimony. 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. The hearing officer’s decision that the claimant did not sustain a compensable injury 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.
DISABILITY
The hearing officer did not err in determining that the claimant has not had disability because, without a compensable injury, the claimant would not have disability as defined by Section 401.011(16).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is RICHARDSON INDEPENDENT SCHOOL DISTRICT and the name and address of its registered agent for service of process is
DR. CAROLYN BUKHAIR
SUPERINTENDENT OF SCHOOLS
400 S. GREENVILLE
RICHARDSON, TEXAS 75081.
Robert W. Potts – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Elaine M. Chaney – Appeals Judge