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 initially convened on July 9, 2002; however, the appellant (claimant) failed to appear at the hearing. A hearing was reconvened, with the claimant in attendance, on September 16, 2002. The hearing officer determined that the claimant did not sustain a compensable injury on ____________; that she did not have disability; and that the claimant had good cause for failing to appear at the July 9, 2002, scheduled hearing. The claimant appeals this decision. The respondent (carrier) urges affirmance of the hearing officer’s decision.
DECISION
Affirmed.
Whether the claimant sustained a compensable injury and had disability were factual questions for the hearing officer to resolve. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. It was for the hearing officer, as trier of fact, to resolve the inconsistencies and conflicts in the evidence. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701, 702 (Tex. Civ. App.-Amarillo 1974, no writ). It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). Nothing in our review of the record indicates that the hearing officer’s decision is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
We note that the claimant appeals findings of fact relating to her failure to attend the scheduled hearing in July 2002. As the hearing officer determined that the claimant had good cause for her failure to appear, this issue was resolved in the claimant’s favor and she is not aggrieved by these findings.
The hearing officer’s decision and order is affirmed.
The true corporate name of the insurance carrier is ROYAL INDEMNITY COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICES COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Chris Cowan
CONCUR:
Elaine M. Chaney – Appeals Judge
Veronica L. Ruberto – Appeals Judge