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 July 12, 2001. The hearing officer resolved the disputed issues by determining that the appellant (claimant) did not sustain a compensable injury in the form of a repetitive trauma occupational disease; that the date of the claimant’s injury, if any, would be no later than ___________; that the claimant reported her alleged injury to her employer on March 7, 2001; that good cause did not exist from ___________, through March 7, 2001, for the claimant to fail to timely notify the employer that she had an injury to her right upper extremity that may be related to her employment with the employer; and that the claimant did not have disability from February 28, 2001, through the date of the hearing as the claimant did not have a compensable injury. The claimant appealed and the respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
The claimant had the burden to prove that she sustained the claimed injury, the date on which the injury occurred, the date on which she reported the injury to her employer, and that she had resulting disability. All of these determinations are questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As an appellate-reviewing tribunal, the Appeals Panel will not disturb factual findings by the hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and we do not find them so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
Aside from the date on which the claimant reported her injury to the employer, the evidence was in conflict. The hearing officer determined that the claimant’s testimony on the disputed issues was not credible, and he was acting within his role as fact finder in determining that she did not sustain her burden of proof.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is TRAVELERS INDEMNITY COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION
350 N. ST. PAUL
DALLAS, TEXAS 75201.
Susan M. Kelley – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge