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 11, 2001. He determined that the appellant (claimant) did not sustain a compensable injury on ___________, and did not have disability. On appeal, the claimant contends that these determinations are against the great weight of the evidence. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The claimant had the burden to prove, by a preponderance of the evidence, that she sustained a compensable injury on ___________, and thereafter had disability, and these issues presented the hearing officer with questions of fact to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and resolves conflicts and inconsistencies in the evidence. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). 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 reviewing the record in this case, we cannot agree, as the claimant contends, that the evidence fails to support the hearing officer’s finding that the office-visit notes made by Dr. W on May 2, 2001, give no history of a work-related incident. We are satisfied that the evidence sufficiently supports the hearing officer’s determinations that the claimant did not sustain a compensable injury and, consequently, did not have disability.
The hearing officer’s decision and order are affirmed.
The true corporate name of the carrier is PETROLEUM CASUALTY COMPANY and the name and address of its registered agent for service of process is
JOSEPH LALLO
4550 DACOMA STREET
HOUSTON, TEXAS 77092-8614.
Elaine M. Chaney – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Michael B. McShane – Appeals Judge