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 May 3, 2004. The hearing officer determined that the respondent’s (claimant) compensable injury of _______________, does extend to and include the right side of her neck and her right wrist carpal tunnel syndrome (CTS), but it does not extend to or include her right elbow or a rotator cuff syndrome. The appellant (carrier) appealed the hearing officer’s determinations regarding the neck and CTS based on sufficiency of the evidence grounds. The appeal file does not contain a response from the claimant.
DECISION
Affirmed.
Extent of injury is a question of fact. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given to the evidence. It was for the hearing officer, as trier of fact, to resolve the inconsistencies and conflicts in the evidence. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). This is equally true regarding medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The trier of fact may believe all, part, or none of the testimony of any witness. Taylor v. Lewis, 553 S.W.2d 153 (Tex. Civ. App.-Amarillo 1977, writ ref’d n.r.e.); Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). When reviewing a hearing officer’s decision for factual sufficiency of the evidence we should reverse such decision only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986). Applying this standard, we find no reversible error.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is BRITISH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
CHARLES HARDY
3535 TRAVIS, SUITE 300
DALLAS, TEXAS 75204.
Veronica L. Ruberto – Appeals Judge
CONCUR:
Daniel R. Barry – Appeals Judge
Chris Cowan – Appeals Judge