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 October 29, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ____________, and that she had disability from June 26, 2002, through the date of the hearing. The appellant (carrier) appealed, arguing that no evidence supports the determinations of the hearing officer or alternatively that the determinations were against the overwhelming weight and preponderance of the evidence. The claimant responded, urging affirmance.
DECISION
Affirmed.
The claimant had the burden to prove that she sustained a compensable injury and that she has had disability as defined by Section 401.011(16). Conflicting evidence was presented at the hearing on the disputed issues. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). It was for the hearing officer, as trier of fact, to resolve the inconsistencies and conflicts in the evidence, including the medical evidence, and to decide what facts the evidence had established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Our review of the record reveals that the challenged determinations are supported by sufficient evidence, namely the claimant’s testimony and the medical evidence she offered at the hearing, and that they are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Thus, no sound basis exists for us to disturb the injury and disability determinations on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
We affirm the decision and order of the hearing officer.
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.
Elaine M. Chaney
CONCUR:
Judy L. S. Barnes – Appeals Judge
Thomas A. Knapp – Appeals Judge