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 October 14, 2002. The hearing officer determined that the appellant (claimant) did not have disability resulting from the compensable injury sustained on ___________, and that the compensable injury does not extend to or include the claimant’s current tension headaches, neck sprain/strain, left shoulder sprain/strain, and/or low back strain/sprain.
The claimant timely filed an appeal and a supplemental appeal, generally challenging the sufficiency of the evidence. We note that there is no indication that the supplemental appeal was served on the carrier and, consequently, it does not meet the requirements of Rule 143.3(a)(4). The respondent (carrier) urges affirmance of the hearing officer’s decision.
DECISION
Affirmed.
Extent of injury and disability are factual questions for the hearing officer to resolve. Section 410.165(a) provides that the contested case 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).
The hearing officer’s decision and order is affirmed.
The true corporate name of the insurance carrier is TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION for Reliance National Indemnity Company, an impaired carrier and the name and address of its registered agent for service of process is
MARVIN KELLY, EXECUTIVE DIRECTOR
T.P.C.I.G.A.
9120 BURNET ROAD
AUSTIN, TEXAS 78758.
Chris Cowan
CONCUR:
Judy L. S. Barnes – Appeals Judge
Robert W. Potts – Appeals Judge