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 January 8, 2002. The hearing officer determined that the respondent’s (claimant) compensable injury of ____________, extends to and includes injuries to several discs in the cervical spine but does not extend to or include any injury to the lumbar spine, and that the claimant has had disability from October 2, 2000, through the date of the CCH. The appellant (carrier) appeals on evidentiary sufficiency grounds. The claimant responds, urging affirmance.
DECISION
Affirmed.
The hearing officer did not err in reaching the complained-of determinations. The issues of extent of injury and disability involved questions of fact for the hearing officer to resolve. The evidence was conflicting. 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 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).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is PACIFIC EMPLOYERS INSURANCE COMPANY and the name and address of its registered agent for service of process is
MARCUS CHARLES MERRITT
6600 CAMPUS CIRCLE DRIVE EAST, SUITE 200
IRVING, TEXAS 75063.
Michael B. McShane – Appeals Judge
CONCUR:
Chris Cowan – Appeals Judge
Thomas A. Knapp – Appeals Judge