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 scheduled for July 23, 2003, but reset to and held on September 23, 2003. On the sole issue, the hearing officer determined that the respondent (claimant) had disability as a result of the injury sustained on ______________, beginning April 3, 2003, and continuing through the date of the hearing. The appellant (self-insured) appeals on sufficiency of the evidence grounds. The claimant urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant had disability as a result of the injury sustained on ______________, beginning April 3, 2003, and continuing through the date of the hearing. The determination involved 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)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determination 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).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
MANAGER
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Edward Vilano
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge