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 31, 2004. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) was in the course and scope of his employment when he was involved in a motor vehicle accident (MVA) on ______________, and that he had disability from ______________, through the date of the CCH. The appellant (carrier) appeals the hearing officer’s determinations on the disputed issues. The claimant asserts that the evidence supports the hearing officer’s decision.
DECISION
Affirmed.
The claimant had the burden to prove that he was in the course and scope of his employment as defined by Section 401.011(12) at the time of his MVA and that he has had disability as defined by Section 401.011(16). The hearing officer found in favor of the claimant on both 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. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it 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 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.
Robert W. Potts – Appeals Judge
CONCUR:
Chris Cowan – Appeals Judge
Gary L. Kilgore – Appeals Judge