This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on January 26, 2004. The hearing officer determined that on _____________, the respondent (claimant) sustained a compensable injury to his right shoulder, in addition to his right elbow and forearm, and that the claimant had disability from August 12, 2003, through the date of the CCH. The appellant (carrier) appealed, arguing that the hearing officer’s determinations are against the great weight and preponderance of the evidence. The appeal file does not contain a response from the claimant.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant sustained a compensable injury to his right shoulder, in addition to his right elbow and forearm. The claimant claimed a right elbow, right forearm, and right shoulder injury on _____________, while fixing a tire on a backhoe. The claimant is claiming disability from August 12, 2003, through the date of the CCH. The carrier contends that the claimant injured his right shoulder during an altercation on August 11, 2003.
There was conflicting evidence. The issues in dispute were factual questions for the hearing officer to resolve. 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. The trier of fact may believe all, part, or none of the testimony of any witness. Taylor v. Lewis, 553 S.W.2d 153, 161 (Tex. Civ. App.-Amarillo 1977, writ ref’d n.r.e.); Aetna Insurance Co. v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). 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.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
MR. RUSSELL R. OLIVER, PRESIDENT
221 WEST 6TH STREET
AUSTIN, TEXAS 78701.
Veronica L. Ruberto
CONCUR:
Chris Cowan – Appeals Judge
Thomas A. Knapp – Appeals Judge