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 December 3, 2002. The hearing officer determined that (1) the respondent (claimant) sustained a compensable injury on ____________, when he fractured his right patella; and (2) the claimant had disability from June 8 through October 21, 2002. The appellant (carrier) appeals these determinations on sufficiency of the evidence grounds. The claimant urges affirmance.
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 medical evidence, the hearing officer could find, as he did, that the claimant fractured his right patella in the course and scope of his employment on ____________. Additionally, given the claimant’s testimony regarding right knee pain subsequent to his fall on ____________, the need for right knee surgery, and that he has returned to work since October 21, 2002, the hearing officer could infer that the claimant had disability from June 8 through October 21, 2002. The hearing officer’s determinations are not 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 are affirmed.
The true corporate name of the insurance carrier is AMERICAN MANUFACTURERS MUTUAL INSURANCE 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:
Chris Cowan – Appeals Judge
Robert W. Potts – Appeals Judge