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 October 1, 2001. The hearing officer resolved the sole issue before him by determining that the appellant’s (claimant) __________, compensable neck injury does not extend to and include a lumbar spine injury. The claimant appealed on sufficiency of the evidence grounds and the respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
The parties stipulated that on __________, the claimant sustained a compensable neck injury. The claimant testified that on __________, he was attempting to operate a man lift which had previously been malfunctioning; that he was attempting to raise the lift but it was not responding; and that suddenly, the lift went up causing the claimant to strike his hard hat on an overhead beam. He stated that the impact “folded him down” into the basket but that he did not fall all the way to the floor. The claimant further stated that he felt dizzy for a short time but was able to continue to work though he had soreness in his neck, arm, lower back, and legs.
An injury is “damage or harm to the physical structure of the body and a disease or infection naturally resulting from the damage or harm.” Section 401.011(26). Whether an injury extends to a particular member of his body is a factual matter for the hearing officer to determine. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. 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 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). There was conflicting evidence presented as to the extent of the claimant’s __________, injury. The hearing officer reviewed the evidence and determined that the claimant failed to sustain his burden of proof. Nothing in our review of the record indicates that this determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb those determinations on appeal. Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986); Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is
CORPORATION SERVICES COMPANY
800 BRAZOS, SUITE 750, COMMODORE I
AUSTIN, TX 78701.
Philip F. O’Neill – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Michael B. McShane – Appeals Judge