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 27, 2003. With respect to the sole disputed issue before her, the hearing officer determined that the appellant (claimant) did not have disability from April 9, 2002, through the date of the hearing. Although initially disputed issues, the parties resolved the following through stipulations: Dr. R was the claimant’s treating doctor from February 4, 2002, through April 8, 2002; and the Report of Medical Evaluation (TWCC-69) from Dr. R dated February 27, 2002, is valid. The claimant appeals the disability determination. The appeal file contains no response from the respondent (carrier).
DECISION
Affirmed.
Whether the claimant had disability for the period of time in question was a factual question for the hearing officer to resolve. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given to the evidence. 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). Nothing in our review of the record indicates that the hearing officer’s decision 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).
We affirm the hearing officer’s decision and order.
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.
Chris Cowan
CONCUR:
Thomas A. Knapp – Appeals Judge
Edward Vilano – Appeals Judge