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 May 7, 2002. The hearing officer resolved the disputed issues by concluding that the appellant (claimant) did not sustain a compensable injury in the form of an occupational disease, nor did she sustain a single-event compensable injury; that the date of the alleged injury is ________________; that the claimant timely reported the alleged injury; that the claimant did not make an election of remedies; and since the claimant did not sustain a compensable injury, she did not have disability. The claimant appeals the compensability and disability determinations on sufficiency grounds. The respondent (carrier) contends that there is sufficient evidence to support these determinations.
DECISION
Affirmed.
The hearing officer did not err in reaching the complained-of determinations. Both issues 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 conflicting 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 TIG INSURANCE COMPANY and the name and address of its registered agent for service of process is
FRANK A. MONTEMARANO
5205 NORTH O’CONNOR BLVD.
IRVING, TEXAS 75039.
Michael B. McShane
CONCUR:
Daniel R. Barry – Appeals Judge
Elaine M. Chaney – Appeals Judge