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 February 3, 2003. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable injury on ______________, and had disability from December 24, 2001, until July 11, 2002. The appellant (carrier) appealed on sufficiency of the evidence grounds. The claimant responded, urging affirmance.
DECISION
Affirmed.
The claimant testified that he worked as a machinist for the employer and that he sustained an injury when a barrel weighing approximately 16 pounds fell on the top of his left foot. An operative report dated December 27, 2001, noted that the claimant presented with traumatic injury and gangrenous toes and that three of the claimant’s toes on his left foot were amputated. It was undisputed that the claimant was diabetic.
The claimant had the burden to prove that he sustained a compensable injury as defined by Section 401.011(10) and that he has had disability as defined by Section 401.011(16). Conflicting evidence was presented on the disputed issues. 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. Although there was conflicting evidence, the hearing officer’s decision was supported by the claimant’s testimony and medical records from the claimant’s treating doctor. We conclude that the hearing officer’s decision is supported by sufficient evidence and is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. 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 TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Thomas A. Knapp
CONCUR:
Elaine M. Chaney – Appeals Judge
Terri Kay Oliver – Appeals Judge