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 April 11, 2002. The hearing officer determined that the appellant (claimant) had not sustained a compensable injury on _______________, and did not have disability.
The claimant’s appeal challenges the “credibility assessment” of the hearing officer and emphasizes factors to which she believes the hearing officer should have given greater weight. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
The claimant alleges a compensable injury when, as she testified, her supervisor grabbed and jerked her right arm in reprimanding her for yelling across a room. The supervisor denies ever touching the claimant. A witness supports the supervisor’s testimony. The claimant wishes us to consider other factors such as fresh complaint, the veracity of the claimant, unfavorable character evidence of the supervisor, and the parties’ motives.
This case solely presented questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the fact finder, the hearing officer was charged with the responsibility of resolving the conflicts and inconsistencies in the evidence and deciding what facts the evidence had established. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer was acting within his province as the fact finder in resolving the conflicts and inconsistencies in the evidence against the claimant. Nothing in our review of the record reveals that the challenged determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). Accordingly, no sound basis exists for us to disturb those determinations on appeal.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750, COMMODORE 1
AUSTIN, TEXAS 78701.
Thomas A. Knapp – Appeals Judge
CONCUR:
Daniel R. Barry – Appeals Judge
Michael B. McShane – Appeals Judge