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 August 13, 2002. The hearing officer determined that the respondent (claimant) sustained a compensable injury to her cervical area, left shoulder, and mid-back on _______________, and that the appellant (carrier) did not waive its right to contest compensability pursuant to Section 409.021(c). The carrier appealed the hearing officer’s injury determination. The claimant responds that the decision reflects the preponderance of the evidence. We note that the waiver issue is unappealed and has become final pursuant to Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant sustained a compensable injury to her cervical area, left shoulder, and mid-back on _______________. We have reviewed the complained-of determination and find that the hearing officer’s Decision and Order is supported by sufficient evidence. The issue of injury presented a question of fact for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a); Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence presented on the disputed issue. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Nothing in our review of the record reveals that the hearing officer’s determination is so contrary to the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to reverse that determination on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is FEDERAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
PARKER W. RUSH
1445 ROSS AVENUE, SUITE 4200
DALLAS, TEXAS 75202-2812.
Susan M. Kelley – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Margaret L. Turner – Appeals Judge