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 26, 2001. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on __________; that the claimant did not sustain a compensable mental trauma injury on __________; and that the claimant has not had disability. The claimant appealed the hearing officer’s determinations that she did not sustain a compensable injury on __________, and that she has not had disability. No response was received from the carrier. There is no appeal of the hearing officer’s determination that the claimant did not sustain a compensable mental trauma injury.
DECISION
The hearing officer’s decision is affirmed.
COMPENSABLE INJURY ISSUE
Section 401.011(10) defines a “compensable injury” as “an injury that arises out of and in the course and scope of employment for which compensation is payable under this subtitle.” The claimant had the burden to prove that she sustained an injury during the course and scope of her employment. Johnson v. Employers Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). Conflicting evidence was presented at the CCH on this disputed issue. The hearing officer resolved the conflicts in the evidence by finding that the claimant did not sustain an injury that arose out of and in the course and scope of her employment, and concluded that the claimant did not sustain a compensable injury. The hearing officer is the sole judge of the weight and credibility to be given to the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. The hearing officer’s decision 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. Cain v. Bain, 709 S.W.l2d 175 (Tex. 1986).
DISABILITY ISSUE
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 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.
Robert W. Potts – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge