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 27, 2003. With respect to the issues before her, the hearing officer determined that the appellant (claimant) did not sustain a compensable injury on or about _____________; that she did not have disability because she did not sustain a compensable injury; and that the employer did not tender a bona fide offer of employment (BFOE) to the claimant. In her appeal, the claimant argues that the hearing officer erred in determining that she did not sustain a compensable injury and that she did not have disability. In its response to the claimant’s appeal, the respondent (carrier) urges affirmance. The carrier did not appeal the determination that the employer did not make a BFOE to the claimant and that determination has become final pursuant to Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury on or about _____________. The claimant had the burden of proof on the injury issue and it presented a question of fact for the hearing officer to resolve. Johnson v. Employers Reinsurance Corp., 351 S.W.2d 936 (Tex. Civ. App.-Texarkana 1961, no writ). The hearing officer is the sole judge of the relevance and materiality of the evidence and of its weight and credibility. Section 410.165(a). The hearing officer resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). When reviewing a hearing officer’s decision we will reverse such decision only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and manifestly unjust. Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986); Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
In this instance, there was conflicting evidence on the injury issue. The hearing officer simply was not persuaded that the claimant sustained her burden of proving the causal connection between her employment and her low back condition. The hearing officer was acting within her province as the fact finder in so finding. Nothing in our review of the record demonstrates that the challenged determination is so against the great weight of the evidence as to be clearly wrong or manifestly unjust; therefore, no sound basis exists for us to reverse the injury determination on appeal. Pool, supra; Cain, supra. We cannot agree that, as the claimant argues, the hearing officer imposed an improper standard on the claimant to prove that she sustained a work-related low back injury. To the contrary, from our review of the record, it appears that the hearing officer employed the proper standard in evaluating the evidence and decided not to credit the testimony and evidence from the claimant tending to demonstrate that she sustained a compensable injury. The hearing officer was acting within her province as the sole judge of the evidence in so doing. Although another fact finder may have drawn different inferences from the evidence, which would have supported a different result, that does not provide a basis for us to reverse the hearing officer’s decision on appeal. Salazar v. Hill, 551 S.W.2d 518 (Tex. Civ. App.-Corpus Christi 1977, writ ref’d n.r.e.).
The 1989 Act requires the existence of a compensable injury as a prerequisite to a finding of disability. Section 401.011(16). Because we have affirmed the hearing officer’s determination that the claimant did not sustain a compensable injury, we likewise affirm the determination that the claimant did not have disability.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is TRANSPORTATION INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Elaine M. Chaney
CONCUR:
Thomas A. Knapp – Appeals Judge
Robert W. Potts – Appeals Judge