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 May 31, 2001. The hearing officer determined that the respondent’s (claimant) compensable injury of __________, extended to and included a herniated disc at L4-5. The appellant (carrier) appealed the determination on sufficiency grounds. The claimant urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury of __________, extended to and included a herniated disc at L4-5. Whether the claimant’s compensable injury extended to and included a herniated disc at L4-5 was a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 002917, decided January 30, 2001. There was conflicting evidence presented with regard to this issue. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the claimant’s testimony and the medical records of the claimant’s treating doctor, we cannot conclude that the hearing officer’s determination is 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.
Gary L. Kilgore – Appeals Judge
CONCUR:
Michael B. McShane – Appeals Judge
Philip F. O’Neill – Appeals Judge