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 December 11, 2001. The hearing officer determined that the appellant (claimant) did not sustain a compensable occupational disease injury with a date of injury of ____________; that the claimant is not barred from pursuing workers’ compensation benefits because of an election to receive benefits under a group health insurance policy; and that the claimant did not have disability. On appeal, the claimant expresses disagreement with the compensability and disability determinations. The appeal file contains no response from the respondent (carrier).
DECISION
Affirmed.
The matters complained of by the claimant on appeal concern credibility and fact issues, which were for the hearing officer to resolve. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. We have reviewed the complained-of determinations and we conclude that they 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 decision and order of the hearing are affirmed.
The true corporate name of the carrier is TWIN CITY FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is
BOB TALLEY
PARAGON CENTER ONE
450 GEARS ROAD, SUITE 400
HOUSTON, TEXAS 77067.
Chris Cowan – Appeals Judge
CONCUR:
Michael B. McShane – Appeals Judge
Robert W. Potts – Appeals Judge