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 October 16, 2001. The hearing officer resolved the disputed issues by determining that the respondent (claimant) sustained a compensable lower back and right foot injury on __________, and that he had disability from March 30, 2001, through the date of the hearing. The appellant (carrier) appealed on sufficiency of the evidence grounds. The claimant responded, urging affirmance.
DECISION
Affirmed.
The claimant was employed as a pipefitter’s helper. The claimant testified that on __________, he was in a hole assisting a coworker cut a pipe with a saw. The claimant testified that his foot got stuck in the mud and he fell back against the embankment of the hole, injuring his right foot and lower back. The claimant did not report the injury that day, and was able to finish his shift. The claimant testified that his back began to get stiff on the drive home after work, and by the next morning he could not put any weight on his foot. The claimant submitted medical evidence supporting his assertion that he has a lower back and right foot injury. The carrier conceded that the employer received notice of the claimed injury on __________. The carrier submitted statements from several of the claimant’s coworkers which contradict the claimant’s account of his activities at work on __________. The statements indicate that the claimant did not mention any injury on the day in question, and that the claimant did not do any activity which would have caused an injury.
On appeal, the carrier asserts that the claimant failed to meet his burden of proof. The hearing officer is the trier of fact and is the sole judge of the relevance and materiality of the evidence and of the weight and credibility to be given to the evidence. Section 410.165(a). While a claimant’s testimony alone may be sufficient to prove an injury, the testimony of a claimant is not conclusive but only raises a factual issue for the trier of fact. Texas Workers’ Compensation Commission Appeal No. 91065, decided December 16, 1991. The trier of fact may believe all, part, or none of any witness’s testimony. Taylor v. Lewis, 553 S.W.2d 153 (Tex. Civ. App.-Amarillo 1977, writ ref’d n.r.e.); Texas Workers’ Compensation Commission Appeal No. 93426, decided July 5, 1993. This is equally true regarding medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). An appeals level body is not a fact finder and it does not normally pass upon the credibility of witnesses or substitute its own judgement for that of the trier of fact even if the evidence could support a different result. National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Soto, 819 S.W.2d 619, 620 (Tex. App.-El Paso 1991, writ denied). Only were we to conclude, which we do not in this case, that the hearing officer’s determinations were so against the great weight and preponderance of the evidence as to be manifestly unjust would there be a sound basis to disturb those determinations. In re King’s Estate, 150 Tex. 662, 224 S.W.2d 660 (1951); Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986). Since we find the evidence sufficient to support the determinations of the hearing officer, we will not substitute our judgement for hers. Texas Workers’ Compensation Commission Appeal No. 94044, decided February 17, 1994.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is ST. PAUL FIRE & MARINE INSURANCE COMPANY and the name and address of its registered agent for service of process is
BOB TALLEY
PARAGON CENTER ONE
450 GEARS ROAD, SUITE 400
HOUSTON, TEXAS 77067.
Philip F. O’Neill – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert W. Potts – Appeals Judge