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 February 20, 2003. The hearing officer determined that (1) the respondent (claimant) had disability from May 8, 2002, through August 14, 2002, but did not have disability from August 15, 2002, to December 4, 2002; and (2) that the compensable injury of _____________, does not include the MRI findings of the lumbar spine dated August 15, 2002 (broad based disc bulge with superimposed midline annular tear at L4-5 and a desiccated disc; broad based disc bulge with moderate spinal canal stenosis at L5-S1 without associated neural foraminal stenosis). The appellant (carrier) appeals the disability determination for May 8, 2002, through August 14, 2002, on sufficiency of the evidence grounds. The claimant did not file a response. The hearing officer’s extent-of-injury determination and disability determination for August 15, 2002, to December 4, 2002, were not appealed and are now final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant had disability from May 8, 2002, through August 14, 2002. The 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 decision and the order of the hearing officer is affirmed.
The true corporate name of the insurance carrier is FIREMAN’S FUND INSURANCE COMPANY and the name and address of its registered agent for service of process is
DOROTHY C. LEADERER
1999 BRYAN STREET
DALLAS, TEXAS 75201.
Edward Vilano – Appeals Judge
CONCUR:
Chris Cowan – Appeals Judge
Veronica L. Ruberto – Appeals Judge