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 April 2, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury; that the date that the claimant knew or should have known that the claimed injury was work-related was ___________; that the respondent (carrier) is not relieved of liability under Section 409.002 since the claimant timely notified her employer of the claimed injury pursuant to Section 409.001; and that the claimant did not have disability resulting from the claimed injury. The claimant appeals arguing that the hearing officer’s injury and disability determinations are against the great weight and preponderance of the evidence. The file does not contain a response from the carrier.
DECISION
Affirmed.
The injury and disability issues in this case presented factual questions for the hearing officer to resolve. 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 credibility of the respective witnesses and 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 UNITED STATES FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is
PAUL DAVID EDGE
6404 INTERNATIONAL PARKWAY
SUITE 1000
PLANO, TEXAS 75093.
Gary L. Kilgore – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Michael B. McShane – Appeals Judge