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 October 30, 2001. Resolving the issues before him, the hearing officer decided that the respondent (claimant) sustained a compensable injury on ______________, and had resultant disability from May 28, 2001, through the date of the CCH, October 30, 2001. The hearing officer also determined that the claimant was not intoxicated at the time of the injury and so the appellant (carrier) was not relieved of liability for compensation. The carrier appealed on sufficiency grounds and the hearing officer’s alleged misapplication of the law and sought reversal. The claimant responded, urging affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant sustained a compensable injury on ______________, and that he had resultant disability from May 28 through October 30, 2001. We have reviewed these determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer reviewed the record and resolved what facts were established. We conclude that the hearing officer’s determinations are sufficiently supported by the record and are not 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).
We also find that the hearing officer correctly applied the law regarding the burden of proof in intoxication cases. The hearing officer did not err in determining that the positive toxicology screen, alone and without explanation, presented by the carrier was insufficient proof to shift the burden to the claimant. See Texas Workers’ Compensation Commission Appeal No. 011313, decided July 30, 2001, and the citations therein.
The true corporate name of the insurance carrier is TRUCK INSURANCE EXCHANGE and the name and address of its registered agent for service of process is
FRED WERKENTHIN
LAW OFFICES OF JACKSON & WALKER, LLP
100 CONGRESS, SUITE 1100
AUSTIN, TEXAS 78701.
Terri Kay Oliver – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge