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 January 24, 2003. At the outset of the hearing, the parties resolved the disputed issues in (Docket No. 1) by entering into an agreement that the respondent (claimant) did not sustain a compensable injury on (date of injury for Docket No. 1), and did not have disability. With regard to (Docket No. 2), the hearing officer resolved the disputed issues by determining that the claimant sustained a compensable injury on (date of injury for Docket No. 2), and had disability from (date of injury for Docket No. 1), through January 24, 2003. The appellant (carrier) appeals this determination. The appeal file contains no response from the claimant.
DECISION
Affirmed.
The hearing officer did not err in making the complained-of determinations. Injury and disability determinations can be established by the claimant’s testimony alone, if believed by the hearing officer. Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394 (Tex. 1989). Conflicting evidence was presented at the hearing on the disputed issues in this case. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established from the evidence presented. Nothing in our review of the record indicates that the hearing officer’s decision is 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 hearing officer’s decision and order is affirmed.
The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICES COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Chris Cowan
CONCUR:
Gary L. Kilgore – Appeals Judge
Roy L. Warren – Appeals Judge