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 November 7, 2001. The hearing officer determined that (1) the appellant (claimant) did not sustain a compensable injury on ______________, and (2) horseplay was not a producing cause of the claimed injury, and the respondent (self-insured) is not, thereby, relieved from liability for the claimed injury. The claimant appeals the injury determination on sufficiency grounds. No response was filed by the self-insured. The hearing officer’s determination with regard to horseplay was not appealed and is therefore final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury on ______________. Whether the claimed injury arose out of and in the course and scope of the claimant’s employment was a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 91028, decided October 23, 1991. 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, 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 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the self-insured is SELF-INSURED and the name and address of its registered agent for service of process is
FRANCIS FAYE c/o J.I. SPECIALTY SERVICES
9229 WATERFORD CENTER BOULEVARD #100
AUSTIN, TEXAS 78755.
Edward Vilano – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Michael B. McShane – Appeals Judge