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 September 3, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable injury on ______________, and had disability from May 13, 2003, through the date of the hearing. The appellant (carrier) appeals these determinations. The appeal file contains no response from the claimant.
DECISION
Affirmed.
The carrier contends that the hearing officer’s decision is erroneous because the claimant had a prior back injury; that expert medical evidence was required to establish an aggravation of the prior injury; and that the claim was made in retaliation upon the claimant’s termination from employment. With regard to the prior back injury, we note that the claimant was not claiming, and the hearing officer did not find, an aggravation of a prior injury. Rather, the hearing officer found that the ______________, incident resulted in a new injury. Given the mechanism of injury, back pain upon lifting a heavy object, we cannot agree that expert medical evidence was required to establish causation in this case. Whether the claimant sustained a compensable injury and had disability were factual questions 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). 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 and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is FIRE & CASUALTY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Chris Cowan
CONCUR:
Elaine M. Chaney – Appeals Judge
Thomas A. Knapp – Appeals Judge