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 March 4, 2004. The hearing officer decided that: (1) the respondent/cross-appellant (claimant) sustained a compensable injury on ______________; and (2) the claimant had disability beginning June 7, 2003, and continuing through January 29, 2004. The appellant/cross-respondent (carrier) appeals these determinations on sufficiency of the evidence grounds. The claimant responds, urging affirmance of the hearing officer’s injury determination. The claimant cross-appeals the hearing officer’s disability determination, asserting that disability continued through the date of the hearing. The carrier did not file a cross-response.
DECISION
Affirmed.
The hearing officer did not err in making the complained-of determinations. The 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)). 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, 176 (Tex. 1986).
The decision and order of the hearing officer 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 SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Edward Vilano
CONCUR:
Daniel R. Barry – Appeals Judge
Chris Cowan – Appeals Judge