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 April 15, 2004. The hearing officer decided that: (1) the respondent (claimant) sustained a compensable left knee injury on ____________; (2) the claimant had disability from May 28, 2003, through June 30, 2003, and from July 18, 2003, through July 25, 2003; and (3) the claimant has not had disability from ____________, through May 27, 2003, from July 1, 2003, through July 17, 2003 or from July 26, 2003, through the date of the hearing. The appellant (carrier) appeals the injury and disability determinations on sufficiency of the evidence grounds. The claimant urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant sustained a compensable left knee injury on ____________. This determination involved a question 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 determination 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 hearing officer did not err in determining that the claimant had disability from May 28, 2003, through June 30, 2003, and from July 18, 2003, through July 25, 2003. The carrier’s challenge to the hearing officer’s disability determination is premised upon the success of its argument that the claimant did not sustain a compensable injury. Given our affirmance of the injury determination, we likewise affirm the hearing officer’s disability determination.
The decision and order of the hearing officer is affirmed.
The true corporate name of the insurance carrier is HARTFORD UNDERWRITERS INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Edward Vilano – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Veronica L. Ruberto – Appeals Judge