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 August 8, 2002. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on _____________, and that he did not have disability. The claimant appealed the hearing officer’s determinations on sufficiency grounds. In its response, the respondent (self-insured) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury on _____________, when he tossed a Christmas tree into a dump truck. The claimant had the burden of proving that he sustained a compensable injury as alleged. The hearing officer is the sole judge of the weight and credibility to be given the evidence. Section 410.165(a). The hearing officer determined that the claimant failed to meet his burden of proving that he injured his back and groin in the course and scope of his employment as a refuse collector. The hearing officer’s determination in that regard is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse the hearing officer’s injury determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
Given our affirmance of the determination that the claimant did not sustain a compensable injury, we likewise affirm the determination that the claimant did not have disability. By definition, the existence of a compensable injury is a prerequisite to a finding of disability. Section 401.011(16).
The hearing officer’s decision and order are affirmed.
The true corporate name of the self-insured is (SELF-INSURED) and the name and address of its registered agent for service of process is
CITY SECRETARY
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Elaine M. Chaney
CONCUR:
Michael B. McShane – Appeals Judge
Margaret L. Turner – Appeals Judge