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 1, 2001. The hearing officer determined that the appellant (claimant) had not sustained a compensable injury on ___________, and did not have disability. The claimant appealed, basically on a sufficiency of the evidence basis, stressing evidence in support of her position. The respondent (self-insured) responded, urging affirmance.
DECISION
Affirmed.
The claimant was employed as a unit clerk in one of the self-insured’s hospitals. The claimant alleges that she injured her back on ___________, when she slipped on the floor on the self-insured’s premises and fell. There is conflicting evidence whether the claimant was injured on ___________, and whether the claimant fell at work or “fell off [a] bus on [her] back.” The hearing officer clearly did not find the claimant’s testimony credible (“claim was fabricated”).
The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)), resolves the conflicts and inconsistencies in the evidence (Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ)), and determines what facts have been established from the conflicting evidence. St. Paul Fire & Marine Insurance Company v. Escalera, 385 S.W.2d 477 (Tex. Civ. App.-San Antonio 1964, writ ref’d n.r.e.). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and we do not find them so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
CEO
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Thomas A. Knapp – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Michael B. McShane – Appeals Judge