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 7, 2001. The hearing officer resolved the disputed issues by deciding that the appellant’s (claimant) ___________, compensable injury did not extend to and include injuries of bilateral ganglion cysts to the wrists, bilateral carpal tunnel syndrome, a left knee injury, or chondromalacia of the right knee. The hearing officer further determined that the claimant had disability as a result of the compensable injury to her right wrist, knee and ankle from February 26, through May 3, 2001. Also, the hearing officer resolved that the claimant should not be allowed to changed treating doctors. The claimant appealed the hearing officer’s determinations on sufficiency grounds, and she alleged that the hearing officer and the respondent’s (self-insured) adjuster either colluded, and/or that the hearing officer treated her unjustly. The self-insured responded, requesting affirmance.
DECISION
We affirm.
We first address the claimant’s allegation that the hearing officer treated her unfairly at the CCH or was biased against her because at the hearing he “socialize[d] . . . personally” with the adjuster representing the self-insured.[1] Having reviewed the record in its entirety, we find no evidence of bias by the hearing officer, and so find the claimant’s arguments in this regard not supported by the evidence.
We have reviewed the complained-of 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).
The hearing officer’s decision and order are affirmed.
The true corporate name of the self-insured is (A SELF-INSURED) and the name and address of its registered agent for service of process is
SUPERINTENDENT
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Terri Kay Oliver – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Thomas A. Knapp – Appeals Judge
- The claimant asserted this argument in a second appeal, mailed December 18, 2001, and file-stamped at TWCC December 27, 2001, and therefore timely. The claimant did not copy the self-insured on this second appeal. ↑