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 July 30, 2003. With respect to the single issue before her, the hearing officer determined that the respondent’s (claimant) compensable injury of ______________, extends to and includes the lumbar spine but does not include depression. In its appeal, the appellant (carrier) challenges the determination that the compensable injury extends to the lumbar spine as being against the great weight of the evidence. In his response to the carrier’s appeal, the claimant urges affirmance. The claimant did not appeal the determination that his compensable injury does not include depression and that determination has, therefore, become final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury of ______________, extends to and includes the lumbar spine. That issue presented 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). As the trier of fact, the hearing officer resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer was persuaded that the claimant sustained his burden of proving the causal connection between his compensable injury and a lumbar spine injury. The factors emphasized by the carrier in challenging the hearing officer’s extent-of-injury determination on appeal are the same factors it emphasized at the hearing. The significance, if any, of those factors was a matter for the hearing officer in resolving the issue before her. Nothing in our review of the record reveals that the challenged determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse the determination that the claimant’s compensable injury extends to and includes the lumbar spine on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Elaine M. Chaney
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge