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 28, 2003, with the record closing on December 1, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury with a date of injury of _______________, and did not have disability. The claimant appeals these determinations on sufficiency of the evidence grounds, asserting that he sustained a repetitive trauma injury to his low back and had resulting disability. The respondent (self-insured) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury on _______________, and did not have disability. These determinations involved questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). The hearing officer did not believe that the bus driver’s seat malfunctioned causing injury to the claimant’s low back, nor did she believe that the claimant was unable to retain employment due to such claimed injury. In view of the evidence presented, we cannot conclude that the hearing officer’s determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
JE
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Edward Vilano
CONCUR:
Elaine M. Chaney – Appeals Judge
Margaret L. Turner – Appeals Judge