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 August 16, 2001. The appellant (claimant) appeals the hearing officer’s determinations that he did not sustain a compensable injury on ____________; that because he did not sustain a compensable injury he did not have disability; and that the respondent (carrier) is relieved of liability because of the claimant’s failure to timely notify the employer of his alleged injury. There is no response in the file from the carrier.
DECISION
Affirmed.
The claimant testified that he injured his neck and shoulder at work on __________, when a bolt caught on his shirtsleeve. Evidence was also presented that the claimant reported the incident to his employer later that day but that the claimant denied that he was injured in the incident. The claimant testified that he continued working until April 28, 2000. The medical records and testimony reflect that the claimant did not present himself for medical care or treatment until late March 2000, and the medical records state that the claimant denied any trauma at that time.
Conflicting evidence was presented on the issues of injury, timely notice to the employer, and disability. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer found no injury, no timely notice of an injury to the employer, and no disability from a compensable injury, contrary to the testimony of the claimant and his supporting evidence. The claimant had the burden of proof on these issues. Reed v. Aetna Casualty & Surety Co., 535 S.W.2d 377 (Tex. Civ. App.-Beaumont 1976, writ ref’d n.r.e.). We cannot say that the hearing officer was incorrect as a matter of law in finding that the claimant failed to meet this burden. This is so even though another fact finder might have drawn other inferences and reached other conclusions. Salazar v. Hill, 551 S.W.2d 518 (Tex. Civ. App.-Corpus Christi 1977, writ ref’d n.r.e.).
With no compensable injury found, there is no loss upon which to find disability. By definition, disability depends upon a compensable injury. See Section 401.011(16). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. We conclude that the hearing officer’s determinations are supported by sufficient evidence and are not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is RELIANCE NATIONAL INDEMNITY COMPANY and the name and address of its registered agent for service of process is
TIMOTHY J. McGUIRE
633 NORTH STATE HIGHWAY 161, SUITE 200
IRVING, TEXAS 75038.
Michael B. McShane – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Thomas A. Knapp – Appeals Judge