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 May 22, 2003, and June 5, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable injury on ______________, and had disability from December 7, 2002, through June 6, 2003. The appellant (carrier) appeals these determinations. The appeal file does not contain a response from the claimant.
DECISION
Affirmed as reformed.
The claimant had the burden to prove by a preponderance of the evidence that he sustained a compensable injury and had disability, and these issues presented the hearing officer with questions of fact to resolve. 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). It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). 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). However, because disability cannot extend beyond the date of the hearing, the hearing officer’s decision is reformed to reflect that the claimant had disability from December 17, 2002, through June 5, 2003.
The hearing officer’s decision and order are affirmed as reformed.
The true corporate name of the insurance carrier is ST. PAUL FIRE AND MARINE INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Chris Cowan
CONCUR:
Elaine M. Chaney – Appeals Judge
Robert W. Potts – Appeals Judge