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 in two sessions on May 1, 2003, and July 7, 2003. With respect to the issues before him, the hearing officer determined that the appellant (claimant) did not sustain a compensable injury on _____________, and that she did not have disability because she did not sustain a compensable injury. 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 (self-insured) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury on _____________. 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 that she was injured as a result of an incident where a client “rammed” her body into the claimant’s body in the course and scope of her employment as an addiction counselor with the self-insured. The hearing officer was acting within his 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.
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, (a self-insured governmental entity) and the name and address of its registered agent for service of process is
TW
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Elaine M. Chaney
CONCUR:
Thomas A. Knapp – Appeals Judge
Edward Vilano – Appeals Judge