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 12, 2001. The appellant (claimant) appeals the hearing officer’s determinations that she did not sustain a compensable injury in the form of an occupational disease or otherwise on __________, and that she had no disability from a compensable injury. The respondent (carrier) responds, urging affirmance.
DECISION
The hearing officer’s decision is affirmed.
The claimant asserted that she sustained an occupational disease injury when she was exposed to toxic fumes on __________. The alleged toxic substance was a “sani-pak” toilet freshener in a lavatory. The claimant speculated that persons using the commode might also have poured unknown chemicals in there that caused fumes. The hearing officer is the sole judge of the weight and credibility of 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 from the evidence presented. The hearing officer determined that the claimant did not sustain a compensable injury. Without a compensable injury, the claimant would not have disability as defined by Section 401.011(16). 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. 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
WILLIAM PARNELL
8144 WALNUT HILL LANE, SUITE 1600
DALLAS, TEXAS 75231.
Susan M. Kelley – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Philip F. O’Neill – Appeals Judge