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 January 15, 2004. The hearing officer determined that the respondent (claimant) sustained a compensable injury on _____________, and had disability from August 27 through September 25, 2003. The appellant (self-insured) appeals these determinations. The appeal file contains no response from the claimant.
DECISION
Affirmed.
The claimant had the burden to prove, by a preponderance of the evidence, that he sustained a compensable injury on the date in question and thereafter had disability. A compensable injury need only be a producing cause of the inability to earn the preinjury wage, not the only cause. Texas Workers’ Compensation Commission Appeal No. 931117, decided January 21, 1994. The disputed issues in this case presented the hearing officer with questions of fact 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)). 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 or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
SD
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Chris Cowan
CONCUR:
Judy L. S. Barnes – Appeals Judge
Margaret Turner – Appeals Judge