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 February 4, 2002. The hearing officer determined that the compensable injury of _______________, does not include bulging discs at C2-3 and C4-7, and an aggravation of cervical degenerative disc disease with facet degeneration. The appellant (claimant) appeals the determination on sufficiency grounds. No response was filed.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury of _______________, does not include bulging discs at C2-3 and C4-7, and an aggravation of cervical degenerative disc disease with facet degeneration. This was a question 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 carrier’s medical evidence, we cannot conclude that the hearing officer’s injury 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 carrier is INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS STREET, SUITE 750
COMMODORE 1
AUSTIN, TEXAS 78701.
Edward Vilano – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Philip F. O’Neill – Appeals Judge