This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on October 16, 2001. The record closed on October 19, 2001. Three claims were considered during this CCH. In this case, the hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ___________; did timely report the injury to the respondent (self-insured employer); and did not have disability. The claimant appeals the adverse determinations on compensability and disability on sufficiency of the evidence grounds. The self-insured employer agrees with the decision and order of the hearing officer and requests that it be affirmed.
DECISION
Affirmed.
The claimant alleged that a bread rack fell on him, injuring his head and neck, while he was working at the self-insured employer’s store. The hearing officer specifically noted that the claimant’s testimony concerning this alleged injury was not credible, that the testimony about the mechanism of injury was inconsistent, and that the claimant did not tell his family doctor about the injury when he saw him just two days later, despite claiming that he was suffering severe headaches due to the injury. 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). We will reverse a factual determination of a hearing officer only if that determination is 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, 176 (Tex. 1986); Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986). Applying this standard of review to the record of this case, we decline to substitute our opinion of the credibility of the evidence for that of the hearing officer.
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is (a certified self-insured) and the name and address of its registered agent for service of process is
C T CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Michael B. McShane – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Thomas A. Knapp – Appeals Judge