This appeal arises under the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On October 15, 2001, a contested case hearing was held. With respect to the issues before her, the hearing officer determined that the compensable lumbar spine injury sustained by the respondent (claimant) on __________, does not extend to and include headaches and an injury to the cervical spine, and that the claimant had disability from November 21, 2000, through the date of the hearing as a result of his compensable lumbar spine injury. In its appeal, the appellant (carrier) asserts error in the hearing officer’s disability determination. In his response, the claimant urges affirmance.
DECISION
We affirm.
“Disability” is defined as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” Section 401.011(16). The claimant bears the burden of establishing that a compensable injury was a producing cause of his disability. A disability determination can be established by the claimant’s testimony alone, if believed by the hearing officer. Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394 (Tex. 1989).
The evidence reflects that the claimant was certified to be at maximum medical improvement (MMI) by a Texas Workers’ Compensation Commission-selected designated doctor on November 20, 2000, and the hearing officer determined that the claimant’s period of disability began on November 21, 2000. The carrier incorrectly appears to equate a certification of MMI with an end to disability. The issues of disability and MMI are distinct and different concepts under the 1989 Act. See Texas Workers’ Compensation Commission Appeal No. 91060, decided December 12, 1991. A claimant’s disability (i.e., the inability to obtain and retain employment) may end before the claimant reaches MMI and, conversely, disability may continue even after a claimant reaches MMI, although, pursuant to Sections 408.101 and 408.102, entitlement to temporary income benefits (TIBs) ends when MMI is reached. See Texas Workers’ Compensation Commission Appeal No. 991091, decided July 5, 1999.
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). Where there are conflicts in the evidence, the hearing officer resolves the conflicts and determines what facts the evidence has established. 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. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 224 S.W.2d 660 (1951). Upon review of the record in this case, we are satisfied that the evidence sufficiently supports the hearing officer’s disability determination. We note that although we have affirmed the determination that the claimant had disability for the period found, it does not necessarily follow that he is entitled to TIBs for that period. In addition, we note that the issue of MMI was not before the hearing officer and, as such, was likewise not before us on appeal.
The hearing officer’s decision and order are affirmed.
The true corporate name of the carrier is LEGION INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge