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 convened on August 28, 2001, continued, and reconvened on October 30, 2001, with (hearing officer) presiding as hearing officer, to consider the issues in both claims, to wit: whether the appellant (claimant) sustained a compensable injury on __________, and had any disability thereafter, and whether the claimant sustained a compensable injury on __________, and had any disability thereafter. The hearing officer determined that the claimant did not sustain a compensable injury on either date and consequently had no disability. The claimant appeals on evidentiary sufficiency grounds. The respondent (carrier) urges in response that the hearing officer rightfully found the claimant’s evidence lacking in credibility.
DECISION
Affirmed.
The claimant testified that on __________, while employed by a children’s day care center, she slipped at a grocery store while purchasing bread and milk for the facility and caught herself on a display case injuring her left upper extremity; that she returned to work, reported the injury to the grocery store manager the next day, and lost no time from work because of that injury; that on __________, while cleaning a closet at the center, she was startled by a rat and struck her left shoulder against the door frame while running out of the closet; and that her last day of work was December 9, 2000, due to a torn rotator cuff, which she believes resulted from the __________, accident. As the hearing officer sets out in her discussion, the evidence was replete with conflicts and inconsistencies. The hearing officer, as the trier of fact and sole judge of the weight and credibility of the evidence, resolved these against the claimant, whose credibility she found wanting. We are satisfied that the challenged findings and conclusions are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951); Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is LUMBERMENS UNDERWRITING ALLIANCE and the name and address of its registered agent for service of process is
DANIEL J. O’BRIEN
12200 FORD ROAD, SUITE 344
DALLAS, TX 75234-7625.
Philip F. O’Neill – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert W. Potts – Appeals Judge