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 September 21, 2001. With respect to the single issue before her, the hearing officer determined that the appellant (claimant) did not sustain a compensable injury on __________. In her appeal, the claimant argues that the hearing officer’s injury determination is against the great weight of the evidence. The appeal file does not contain a response to the claimant’s appeal from the respondent (carrier).
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury on __________. The claimant had the burden to prove that she sustained 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 Commission Appeal No. 91028, decided October 23, 1991. There was conflicting evidence presented with regard to this issue. Under Section 410.165(a), the hearing officer is the sole judge of the weight and credibility of the evidence and, as the trier of fact, she resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer was not persuaded that the claimant sustained her burden of proving that she sustained an injury, damage or harm to the physical structure of her body, as a result of the fall at work on __________. Nothing in our review of the record reveals that the hearing officer’s determination in that regard is so against the great weight of the evidence as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to disturb the challenged determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750-COMMODORE 1
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Robert W. Potts – Appeals Judge