This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on February 3, 2004. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury does not extend to and include acid-related peptic ulcer disease, megacolon, or hemorrhoidal disease. The claimant appeals, contending that the evidence proves that the disputed conditions were caused or aggravated by the medications he takes for his compensable injury. The respondent (carrier) asserts that sufficient evidence supports the hearing officer’s decision.
DECISION
Affirmed
Conflicting medical opinions were presented at the CCH on the disputed issue. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence, and determines what facts have been established. Although there is conflicting evidence regarding the disputed issue, we conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not 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 affirm the hearing officer’s decision and order.
The true corporate name of the insurance carrier is TEXAS PROPERTY & CASUALTY INSURANCE GUARANTY ASSOCIATION for United Pacific Insurance Company, an impaired carrier and the name and address of its registered agent for service of process is
MARVIN KELLEY
9120 BURNET ROAD
AUSTIN, TEXAS 75758.
Robert W. Potts
CONCUR:
Chris Cowan – Appeals Judge
Veronica L. Ruberto – Appeals Judge