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 February 24 and May 12, 2004. The hearing officer resolved the disputed issues by deciding that the respondent’s (claimant) compensable injury of _______________, extends to include an injury to the neck and that the claimant had disability from May 20, 2003, through November 12, 2003. The appellant (carrier) appeals, contending that the hearing officer’s determinations are not supported by sufficient evidence and are against the great weight and preponderance of the evidence. No response was received from the claimant.

DECISION

Affirmed.

The claimant had the burden to prove that his compensable injury includes an injury to his neck and that he had disability as defined by Section 401.011(16). Conflicting evidence was presented at the CCH 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, we conclude that the hearing officer’s determinations are supported by sufficient evidence and are 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 ZURICH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is

LEO F. MALO

12222 MERIT DRIVE, SUITE 700

DALLAS, TEXAS 75251-2237.

Robert W. Potts
Appeals Judge

CONCUR:

Daniel R. Barry
Appeals Judge

Margaret L. Turner
Appeals Judge