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 15, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable injury on _______________, and had disability from December 21, 2002, through the date of the hearing. The appellant (carrier) appeals these determinations. The claimant urges affirmance of the hearing officer’s decision.
DECISION
Affirmed.
The disputed issues in this case involved factual questions 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 and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). We find no evidence to substantiate the carrier’s assertion on appeal that the hearing officer “wholly ignored” the evidence of Dr. B, as the hearing officer specifically noted that Dr. B’s records were admitted into evidence. The hearing officer was not required to discuss each and every piece of evidence in the Statement of the Evidence portion of the decision. Texas Workers’ Compensation Commission Appeal No. 93791, decided October 18, 1993.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is AMERICAN PROTECTION INSURANCE COMPANY 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
Margaret L. Turner – Appeals Judge