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 January 13, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable, repetitive trauma injury on ____________, and that the claimant had disability from the compensable injury beginning on June 29, 2002, and ending on January 13, 2003. The appellant (carrier) appeals and the claimant responds, urging affirmance.
DECISION
Affirmed.
First, we do not consider the hearing officer’s failure to detail and mention all of the evidence as reversible error or as allowing us to substitute our judgment for that of the hearing officer. Just because the hearing officer failed to discuss, or even mention, all of the evidence that she considered, there is no evidence that the hearing officer failed to consider that evidence.
Whether the claimant sustained a compensable injury and had disability are factual questions for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence, as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We have reviewed the matters complained of on appeal and conclude that the hearing officer’s decision is supported by sufficient evidence.
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is FEDERAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
PARKER W. RUSH
1445 ROSS AVENUE, SUITE 4200
DALLAS, TEXAS 75202-2812.
Roy L. Warren – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Edward Vilano – Appeals Judge