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 13, 2001. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the third quarter. The claimant appeals, contending that the hearing officer omitted or mischaracterized evidence in the case, and disagreeing with the hearing officer’s findings which are the basis for the determination of nonentitlement to SIBs. The respondent (carrier) replies, urging affirmance.
DECISION
Affirmed.
As to the claimant’s disagreements with the Statement of the Evidence, we note that the hearing officer is free to summarize the evidence as he sees fit. Nothing that was included was inaccurate. The hearing officer specifically stated that “Even though all of the evidence presented was not discussed, it was considered. The Findings of Fact and Conclusions of Law are based on all of the evidence presented.” We perceive no error in the hearing officer omitting matters from his summary which the claimant would have liked to see in the Statement of Evidence.
The hearing officer made factual determinations that the claimant was not otherwise entitled to SIBs, and that he did not make the requisite good faith effort to obtain employment commensurate with his abilities during the qualifying period for the third quarter. The claimant asserted he had no ability to work, but the hearing officer determined that there were records which show that the claimant had some ability to work. The evidence sufficiently supports the determinations. 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 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 NATIONAL AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
DAVID W. McLANE
1601 ELM STREET, SUITE 3000
DALLAS, TEXAS 75201.
Michael B. McShane – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge