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 July 2, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ____________; that the compensable injury extends to and includes the claimant’s back, left knee (meniscus tear), left ankle, and cervical spine; and that the claimant has had disability from ____________, through the date of the CCH. The appellant (self-insured) appealed and the claimant responded. In Texas Workers’ Compensation Commission Appeal No. 011849, decided September 19, 2001, the Appeals Panel remanded the case to the hearing officer for the hearing officer to obtain from the self-insured the registered agent information required under Section 410.164(c). The required information was obtained on remand. In the decision on remand, the hearing officer made the same determinations on the disputed issues as she had in her original decision. The self-insured appealed and the claimant responded.
DECISION
The hearing officer’s decision on remand is affirmed.
The claimant had the burden of proof on the disputed issues. Conflicting evidence was presented at the CCH on the disputed issues. 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. As a general rule, in workers’ compensation cases the issues of injury and disability may be established by the testimony of the claimant alone, if found credible by the trier of fact. Houston General Insurance Company v. Pegues, 514 S.W.2d 492 (Tex. Civ. App.-Texarkana 1974, no writ). The hearing officer’s determinations on the disputed issues are supported by the claimant’s testimony and by the reports of the treating 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).
The hearing officer’s decision and order on remand are affirmed.
The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
SUPERINTENDENT
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Robert W. Potts
CONCUR:
Susan M. Kelley – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge