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 30, 2004. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ______________; that the respondent (carrier) is relieved from liability under Section 409.002 because of the claimant’s failure to timely notify her employer of an injury pursuant to Section 409.001; and that the claimant did not have disability resulting from the injury sustained on ______________. The claimant appealed the hearing officer’s determinations based on sufficiency of the evidence grounds. The carrier responded, urging affirmance.
The hearing officer did not err in making the complained-of determinations. The claimant had the burden of proof on these issues. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). In view of the evidence presented, we cannot conclude that the hearing officer’s determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and the name and address of its registered agent for service of process is
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Veronica L. Ruberto