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 January 22, 2002. With regard to the issue before her, the hearing officer determined that the compensable injury of ____________, extends to and includes the right shoulder, but does not extend to or include an injury to the cervical or lumbar spine. The appellant (claimant) appeals, arguing essentially that the hearing officer’s decision that the compensable injury does not extend to or include an injury to the cervical or lumbar spine is against the great weight and preponderance of the evidence. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in reaching the complained-of determination. The extent-of-injury issue involved questions of fact for the hearing officer to resolve. 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).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is AMERISURE INSURANCE COMPANY and the name and address of its registered agent for service of process is
CINDY GHALIBAF
7610 STEMMONS FREEWAY
DALLAS, TEXAS 75247-4216.
Michael B. McShane – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Terri Kay Oliver – Appeals Judge