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 April 30, 2001. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the 13th quarter from February 29, 2000, through May 29, 2000, and that the claimant has permanently lost entitlement to SIBs because she was not entitled to them for 12 consecutive months. This latter determination by the hearing officer has not been appealed by either party and only those issues appealed are addressed (Section 410.204(a)). The claimant appeals the hearing officer’s determination of nonentitlement for the 13th quarter, and the respondent (self-insured) urges affirmance.
DECISION
Affirmed.
The evidence sufficiently supports the hearing officer’s determination that the claimant is not entitled to SIBs for the 13th quarter from February 29, 2000, through May 29, 2000. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)) provides that an injured employee has made a good faith effort to obtain employment commensurate with the employee’s ability to work if the employee has been unable to perform any type of work in any capacity, has provided a narrative report from a doctor which specifically explains how the injury causes a total inability to work, and no other records show that the injured employee is able to return to work. The hearing officer determined that there were other records that showed that the claimant was able to return to work and that determination is sufficiently supported by the medical reports in evidence to conclude that the claimant was not entitled to SIBs for the 13th quarter.
Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as the weight and credibility that is to be given to the evidence. It was for the hearing officer, as trier of fact, to resolve the inconsistencies and conflicts in the evidence. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). This is equally true regarding medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The trier of fact may believe all, part, or none of the testimony of any witness. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust, and we do not find them so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
We affirm the decision and order of the hearing officer.
Michael B. McShane
CONCUR:
Susan M. Kelley – Appeals Judge
Philip F. O’Neill – Appeals Judge