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 18, 2003. With respect to the issue before her, the hearing officer determined that the respondent’s (claimant) compensable injury of ____________, includes “the MRI findings of the lumbar spine dated December 9, 2002.” In its appeal, the appellant (carrier) asserts error in that determination. The appeal file does not contain a response to the carrier’s appeal from the claimant.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury of ____________, includes the findings of the December 9, 2002, lumbar MRI (left subarticular left lateral disc herniation protrusion L3-4 and minimal retrolisthesis L4 with internal derangement desiccation and narrowing of the intervertebral disc with minimal bulging and central stenosis). 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’s extent-of-injury determination is supported by sufficient evidence and 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 that determination 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 ZURICH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
LEO F. MALO
12222 MERIT DRIVE, SUITE 700
DALLAS, TEXAS 75251.
Elaine M. Chaney
CONCUR:
Chris Cowan – Appeals Judge
Robert W. Potts – Appeals Judge