This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on October 3, 2001. The hearing officer determined that the appellant (claimant) had not sustained an injury on ___________; and that the claimant had not timely reported an injury to the employer and did not have good cause for failing to do so.
The claimant appeals, reiterating the evidence that he presented at the CCH, and asserting that his evidence was more credible than that to the contrary. The respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
The claimant was employed as a truck driver/delivery person for the food distribution employer. The claimant asserts that he sustained a right elbow and neck injury unloading a dolly of meat on ___________. The claimant alleges another intervening work-related back injury on __________, as the reason that he did not seek medical attention for his alleged right arm and neck injury prior to July 5, 2001. There is disputed evidence as to whom and when the claimant reported the alleged ___________, injury. The hearing officer commented that the claimant’s “testimony simply was not persuasive.”
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 TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION (TPCIGA) and the name and address of its registered agent for service of process is
MARK RIEGLING
9120 BURNET ROAD
AUSTIN, TEXAS 78758.
FOR RELIANCE NATIONAL INDEMNITY COMPANY, an impaired insurer.
Thomas A. Knapp – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Philip F. O’Neill – Appeals Judge