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 held on November 19, 2001, with the record closing on December 5, 2001. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on _____________; that the respondent (carrier) is relieved of liability under Section 409.002 because the claimant did not timely notify his employer of his claimed injury and did not have good cause for failing to do so; and that the claimant has not had disability. The claimant appealed. No response was received from the carrier.
DECISION
The hearing officer’s decision is affirmed.
The claimant claimed that on _____________, while he was performing his work duties putting a large television set in a box with the help of coworkers, the television slipped and fell on the back of his right wrist, causing an injury in the form of a ganglion cyst. Conflicting medical opinions were presented with regard to the cause of the cyst. The hearing officer resolved the conflicts in the evidence by deciding that there was insufficient evidence to establish a causal connection between the incident of May 15 and the claimed ganglion cyst injury. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the trier of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. Conflicting evidence was also presented with regard to the timely notice issue, and the hearing officer determined that the claimant did not notify his employer of his injury until July 20, 2001, which was not within 30 days of the date of the alleged injury, and that the claimant failed to establish good cause for the delay in reporting the alleged injury. The case cited by the claimant on the notice issue involves a claim for an occupational disease injury, and not a specific, accidental injury as is claimed in this case. Without a compensable injury, the claimant would not have disability as defined by Section 401.011(16). 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 are affirmed.
The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is
CT CORPORATION
350 N. ST. PAUL
DALLAS, TEXAS 75201.
Robert W. Potts – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Terri Kay Oliver – Appeals Judge