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 28, 2001. With respect to the issues before him, the hearing officer determined that the respondent (claimant) sustained a compensable right knee injury on __________, and that she had disability from ________ through January 9, 2001, and January 12 through March 13, 2001. The appellant (carrier) appeals the determinations on sufficiency grounds. No response was filed.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant sustained a compensable right knee injury on __________. The claimant had the burden to prove that she sustained new damage or harm to the physical structure of her body, arising out of and in the course and scope of her employment. Texas Workers’ Compensation Appeal No. 992486, decided December 29, 1999. There was conflicting evidence presented with regard to this issue. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence and decides what fact have been established by the evidence. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer’s determination that the claimant sustained a compensable knee injury in the fall at work on __________, is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse that determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The success of the carrier’s challenge to the disability determination is dependent upon the success of its argument that the claimant did not sustain a compensable injury. Given our affirmance of the hearing officer’s injury, determination, we likewise affirm the determination that the claimant had disability as a result of her compensable injury from _______ to January 9, 2001, and from January 12, to March 13, 2001.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE and the name and address of its registered agent for service of process is
ROBERT PARNELL
8144 WALNUT HILL LANE, SUITE 1600
DALLAS, TEXAS 75231-4813.
Elaine M. Chaney – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert W. Potts – Appeals Judge