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 August 10, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ___________, and that the claimant had disability from ___________, through June 29, 2001. The appellant (carrier) appealed the hearing officer’s decision on both issues. In Texas Workers’ Compensation Commission Appeal No. 012076, decided October 17, 2001, the Appeals Panel remanded the case to the hearing officer for the hearing officer to obtain a street address from the carrier for the carrier’s registered agent for service of process. See Section 410.164(c). The required information was obtained on remand. Although the hearing officer’s decision on remand is limited to a determination that the carrier has now complied with Section 410.164(c), since the hearing officer does not indicate that she made any changes to her original decision in favor of the claimant on the disputed issues, and since our remand was limited to obtaining compliance with Section 410.164(c), we infer that the hearing officer intended to adopt and did adopt her prior determinations on the disputed issues and we will consider the carrier’s appeal as an appeal of the original determinations on the disputed issues. The better practice would have been for the hearing officer to have set out in the decision on remand the prior findings of fact, conclusions of law, and decision on the disputed issues, or to have incorporated the original decision by reference.
DECISION
The hearing officer’s decision that the claimant sustained a compensable injury on ___________, and that the claimant had disability from ___________, through June 29, 2001, is affirmed.
COMPENSABLE INJURY ISSUE
The hearing officer did not err in determining that the claimant sustained a compensable injury on ___________. Section 401.011(10) defines a “compensable injury” as “an injury that arises out of and in the course and scope of employment for which compensation is payable under this subtitle.” The claimant had the burden to prove that he was injured during the course and scope of his employment. Johnson v. Employers Reinsurance Corporation, 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). Conflicting evidence was presented at the CCH. 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. The hearing officer’s determination in favor of the claimant on the disputed issue of compensable injury is supported by the claimant’s testimony and by the reports of the treating doctor and referral doctor. 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. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
DISABILITY ISSUE
The hearing officer did not err in determining that the claimant had disability from ___________, through June 29, 2001. Section 401.011(16) defines “disability” as “the inability because of a compensable injury to obtain and retain employment at wages equivalent to the preinjury wage.” The hearing officer’s determination on the disability issue is supported by the claimant’s testimony and by the reports of the treating doctor. The hearing officer’s determination on the disability issue 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. Cain, supra.
The hearing officer’s decision and order that the claimant sustained a compensable injury on ___________, and that the claimant had disability from ___________, through June 29, 2001, is affirmed.
The true corporate name of the insurance carrier is ZURICH NORTH AMERICA and the name and address of its registered agent for service of process is
GARY SUDOL
9330 LBJ FREEWAY, SUITE 1200
DALLAS, TEXAS 75243.
Robert W. Potts – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Thomas A. Knapp – Appeals Judge