This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A consolidated contested case hearing was held on December 16, 2002. In (Docket No. 1), the hearing officer determined that the respondent’s (claimant) (date of injury for Docket No. 1), compensable injury does not extend to or include right carpal tunnel syndrome (CTS); the claimant’s current problems in her right wrist are not the result of the (date of injury for Docket No. 1), compensable injury; and that the claimant attained maximum medical improvement for the (date of injury for Docket No. 1), compensable injury on March 20, 2000, with a four percent impairment rating. In (Docket No. 2), the hearing officer determined that the claimant sustained a compensable injury in the form of an occupational disease, right CTS, on (date of injury for Docket No. 2). The appellant (carrier) appealed, essentially asserting that the claimant’s current right CTS is merely a continuation of her (date of injury for Docket No. 1), compensable injury, which it has already accepted. The file does not contain a response from the claimant.
DECISION
Affirmed.
The hearing officer did not err in her resolution of the disputed issues in this case. These issues 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)). 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). 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 and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
ROBERT PARNELL
8144 WALNUT HILL LANE, SUITE 1600
DALLAS, TEXAS 75231-4813.
Daniel R. Barry – Appeals Judge
CONCUR:
Chris Cowan – Appeals Judge
Gary L. Kilgore – Appeals Judge