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 May 1, 2003. The hearing officer decided that the appellant (claimant) did not sustain a compensable injury in the form of an occupational disease with a date of injury of ______________. The claimant appeals on sufficiency of the evidence grounds and complains that the hearing officer addressed the issue of extent of injury, which was not certified before her. No response was filed.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury in the form of an occupational disease with a date of injury of ______________. 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 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 or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
As stated above, the claimant complains that the hearing officer addressed the extent of the injury, which was not a certified issue. Given our affirmance of the hearing officer’s determination that the claimant did not sustain a compensable injury, the claimant is not aggrieved by the hearing officer’s extent-of-injury findings. Accordingly, we find no reversible error.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is HARTFORD INSURANCE COMPANY OF THE MIDWEST and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Edward Vilano
CONCUR:
Judy L. S. Barnes – Appeals Judge
Veronica L. Ruberto – Appeals Judge