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 April 8, 2004. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable low back injury of ______________, does not extend to and include an umbilical hernia and/or an inguinal hernia injury. The claimant appealed, contending that the hearing officer’s decision is against the great weight and preponderance of the evidence. The respondent (carrier) asserts that sufficient evidence supports the hearing officer’s decision.
DECISION
Affirmed.
It is undisputed that the claimant sustained a compensable low back injury. The claimant had the burden to prove that his compensable injury includes an umbilical hernia and/or an inguinal hernia. Conflicting evidence was presented at the CCH. 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, we conclude that the hearing officer’s decision that the claimant’s compensable low back injury does not extend to and include an umbilical hernia and/or an inguinal hernia 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 ASSOCIATED INDEMNITY CORPORATION and the name and address of its registered agent for service of process is
DOROTHY C. LEADERER
1999 BRYAN STREET
DALLAS, TEXAS 75201.
Robert W. Potts
CONCUR:
Judy L. S. Barnes – Appeals Judge
Elaine M. Chaney – Appeals Judge