This appeal arises pursuant to the Texas Workers' Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on June 2, 2004. The hearing officer resolved the disputed issues by deciding that the date of injury is _____________; that the appellant (claimant) did not sustain a compensable repetitive trauma injury on _____________; and that since there is no compensable injury, there can be no disability. The claimant appealed, disputing the injury and disability determinations. The respondent (carrier) responded, urging affirmance.
The claimant contended that she sustained a repetitive trauma injury from performing her work activities for the employer and that she had disability as a result of the injury. The claimant had the burden to prove that she sustained a repetitive trauma injury as defined by Section 401.011(36) and that she had disability as defined by Section 401.011(16). Conflicting evidence was presented regarding the amount and frequency of the work activities the claimant alleged caused her to sustain an injury. 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 determination that the claimant did not sustain a compensable repetitive trauma injury 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). The hearing officer did not err in determining that the claimant has not had disability because, without a compensable injury, the claimant would not have disability as defined by Section 401.011(16).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is ARGONAUT-SOUTHWEST INSURANCE COMPANY and the name and address of its registered agent for service of process is
JOSEPH A. YURKOVICH
1431 GREENWAY DRIVE, SUITE 450
IRVING, TEXAS 75038.
Margaret L. Turner
Gary L. Kilgore
Robert W. Potts