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 July 23, 2002. The hearing officer determined that the appellant’s (claimant) _____________, compensable injury does not extend to or include a grade III tear of the posterior horn of the medial meniscus of the right knee. The claimant appealed on sufficiency of the evidence grounds and contended that the hearing officer was not focused on the proceedings. The respondent (carrier) responded, urging affirmance. the subclaimant, did not file an appeal or respond to the claimant’s appeal.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury of _____________, does not extend to or include a grade III tear of the posterior horn of the medial meniscus of the right knee. That issue presented a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Section 410.165(a) provides that the hearing officer is the sole judge of the weight and credibility of the evidence. As the fact finder, the hearing officer resolves the conflicts and inconsistencies in the evidence and determines what facts the evidence has established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). The hearing officer was acting within her province as the finder of fact in resolving the conflicts and inconsistencies in the evidence against the claimant. Nothing in our review of the record demonstrates that the challenged determination is so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb that determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
We find no merit in the claimant’s assertion that the hearing officer was not focused on the proceedings. Our review of the record reveals that the hearing officer fully participated in the hearing. In addition, the hearing officer’s decision reflects an understanding of the testimony and evidence before her.
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, COMMODORE 1
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge