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 November 4, 2003. The hearing officer determined that the appellant/cross-respondent (claimant) sustained a compensable repetitive trauma injury with a date of injury of _______________, and had disability from July 12 through August 12, 2003. The claimant appeals the disability determination, arguing that she had disability both before and after the period found by the hearing officer. The respondent/cross-appellant (carrier) appeals the compensability determination. The claimant responded to the carrier’s appeal, urging affirmance of the compensability determination.
DECISION
Affirmed.
An occupational disease includes a repetitive trauma injury. Section 401.011(34). A repetitive trauma injury means damage or harm to the physical structure of the body occurring as the result of repetitious, physically traumatic activities that occur over time and arise out of and in the course and scope of employment. Section 401.011(36). Whether the claimant sustained a compensable occupational disease 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)) and 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)). 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 or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). Contrary to the claimant’s assertion on appeal, we cannot agree that the hearing officer “arbitrarily” selected an ending date of disability as he explained that the disability period corresponded to the documented time period that the claimant was in an off-work status.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is PACIFIC EMPLOYERS INSURANCE COMPANY and the name and address of its registered agent for service of process is
ROBIN M. MOUNTAIN
6600 CAMPUS CIRCLE DRIVE EAST, SUITE 300
IRVING, TEXAS 75063.
Chris Cowan
CONCUR:
Judy L. S. Barnes – Appeals Judge
Elaine M. Chaney – Appeals Judge