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 12, 2001. The hearing officer determined that the respondent (claimant) sustained a compensable low back injury on __________, and that the claimant had disability from June 3, 2001, through the date of the hearing. The appellant (carrier) appealed the determinations on sufficiency grounds. The claimant urges affirmance.
DECISION
Affirmed.
Whether the claimant sustained a compensable injury and thereafter had disability were questions of fact for the hearing officer to decide. Texas Workers’ Compensation Commission Appeal No. 011445, decided July 26, 2001. There was conflicting evidence presented with regard to these issues. 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 evidence presented, the hearing officer could find that the claimant injured his lower back while carrying a dresser up a flight of stairs, while in the course and scope of his employment as a delivery person, and had disability from June 3, 2001, through the date of the hearing. 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 (Tex. 1986).
The decision and order of the hearing officer is affirmed.
The true corporate name of the insurance carrier is LIBERTY MUTUAL INSURANCE CORPORATION and the name and address of its registered agent for service of process is
C.T. CORPORATION
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Thomas A. Knapp – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert W. Potts – Appeals Judge