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 14, 2001. The hearing officer determined that (1) the appellant (claimant) did not sustain a compensable injury on ______________; (2) the claimant did not have disability; (3) the respondent (carrier) is relieved from liability for this claim because of the claimant’s failure to timely notify her employer; and (4) the claimant is not barred from pursuing workers’ compensation benefits because of an election to receive benefits under a private health insurance policy. The claimant appeals the injury, disability, and notice determinations on sufficiency grounds. No response was filed by the carrier. The hearing officer’s determination with regard to election of remedies was not appealed and is, therefore, final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in reaching the appealed determinations. Whether the claimant sustained an injury in the course and scope of her employment or timely notified her employer of such injury were questions of fact for the hearing officer. 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 injury and notice 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). Because the claimant did not sustain a compensable injury, the hearing officer properly concluded that the claimant did not have a disability. Section 401.011(16).
The decision and order of the hearing officer is affirmed.
The true corporate name of the carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750
AUSTIN, TEXAS 78701.
Edward Vilano – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Susan M. Kelley – Appeals Judge