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 May 7, 2002. The hearing officer determined that the appellant (claimant) had not sustained a compensable repetitive trauma injury with a date of injury of ________________, and that the claimant did not have disability.
The claimant appealed a number of the findings, citing evidence that she believes supports a different decision and expanding on evidence presented at the CCH. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
The claimant was employed as a “processor” opening boxes and packages of clothing. The initial medical records refer to a bilateral thumb injury. At the CCH the claimant alleged a bilateral carpal tunnel syndrome (CTS) injury. The claimant testified in some detail as to how many pallets, boxes, and bags that she processed a day. The claimant had a lengthy leave of absence prior to her injury and return to work with the employer. How or what caused the claimant’s bilateral CTS is in dispute and there was conflicting medical evidence at the CCH.
The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the fact finder, the hearing officer was charged with the responsibility of resolving the conflicts and inconsistencies in the evidence and deciding what facts the evidence had established. This is equally true of medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer was acting within his province as the fact finder in resolving the conflicts and inconsistencies in the evidence against the claimant. Nothing in our review of the record reveals that the challenged determinations are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). Accordingly, no sound basis exists for us to disturb those determinations on appeal.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750
AUSTIN, TEXAS 78701.
Thomas A. Knapp – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Michael B. McShane – Appeals Judge