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 March 8, 2004. The hearing officer resolved the disputed issues by deciding that the respondent’s (claimant) compensable injury of _______________, extends to and includes the scapholunate ligament in his left hand, and that the claimant had disability due to his compensable injury of _______________, from April 10, 2003, through the date of the CCH. The appellant (carrier) appeals, contending that the hearing officer’s decision is against the great weight and preponderance of the evidence. No response was received from the claimant.
DECISION
Affirmed.
It is undisputed that the claimant sustained a compensable left wrist strain/sprain injury on _______________. The claimant had the burden of proof on the issues of the extent of the compensable injury and disability. Whether the compensable injury includes the scapholunate ligament of the claimant’s left hand and whether the claimant had disability as defined by Section 401.011(16) presented questions of fact for the hearing officer to determine from the evidence presented. 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 is conflicting evidence in this case on the disputed issues, we conclude that the hearing officer’s decision in favor of the claimant on the disputed issues 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 hearing officer’s decision and order.
The true corporate name of the insurance carrier is INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is
CORPORATE SERVICE COMPANY
800 BRAZOS, SUITE 750
AUSTIN, TEXAS 78701.
Robert W. Potts
CONCUR:
Judy L. S. Barnes – Appeals Judge
Chris Cowan – Appeals Judge