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 November 2, 2001. The appellant (carrier) appeals the hearing officer’s determination that the respondent (claimant) has had disability, resulting from the compensable back injury of ____________, beginning on July 23, 2001, and continuing through the date of the CCH. There is no response from the claimant contained in our file.
DECISION
Affirmed.
The claimant testified that he sustained a low back injury while driving a truck on ____________; that as a result of the compensable lumbar injury, he was taken off work and has had disability since July 23, 2001; and that he was diagnosed as having a herniated disc, which his doctor attributed to his compensable back injury. The carrier asserted that the claimant had an intervening injury and that he did not have disability from his compensable injury.
The hearing officer determined that, due to the compensable injury, the claimant has had disability beginning on July 23, 2001, and continuing through the date of the CCH. There is conflicting evidence in this case. The 1989 Act makes the hearing officer the sole judge of the weight and credibility to be given to the evidence. Section 410.165(a). As the trier of fact, the hearing officer may believe all, part, or none of the testimony of any witness. Texas Workers’ Compensation Commission Appeal No. 950084, decided February 28, 1995. An appellate-level body is not a fact finder and does not normally pass upon the credibility of witnesses or substitute its judgment for that of the trier of fact, even if the evidence would support a different result. When reviewing a hearing officer’s decision to determine the factual sufficiency of the evidence, we should set aside the decision only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Appeal No. 950084. We conclude that the hearing officer’s findings, conclusions, and decision are supported by sufficient evidence and that they are not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is FINANCIAL INSURANCE COMPANY OF AMERICA and the name and address of its registered agent for service of process is
ALBERT SCOTT TAYLOR, PRESIDENT OR
KENNETH RANDALL BERRY, TREASURER
12225 GREENVILLE AVENUE, SUITE 490
DALLAS, TEXAS 75243.
Michael B. McShane – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Robert W. Potts – Appeals Judge