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 June 11, 2002. The hearing officer determined that the compensable injury sustained on June 24, 2001, extends to include the cervical spine, but does not extend to include the thoracic spine or headaches, and that the appellant (claimant) is entitled to change treating doctors. The claimant appeals the extent-of-injury determination on evidentiary sufficiency grounds. The respondent (carrier) urges affirmance. The determination regarding a change of treating doctor was not appealed and has become final. Section 410.169.
DECISION
Affirmed.
Extent of injury is a factual question for the fact finder to resolve. Conflicting evidence was presented on this issue. The hearing officer was not persuaded that the compensable injury extended to the thoracic spine or headaches. The evidence supports the hearing officer’s factual determinations. 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 to the evidence. Section 410.165(a). It is for the hearing officer 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). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust, and we do not find them to be so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is SECURITY NATIONAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
RONALD I. HENRY
10000 NORTH CENTRAL EXPRESSWAY
DALLAS, TEXAS 75230.
Michael B. McShane
CONCUR:
Gary L. Kilgore – Appeals Judge
Robert W. Potts – Appeals Judge