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 October 24, 2002. The hearing officer determined that (1) the compensable injury of ____________, does not extend to or include a disc protrusion at L4-5; and (2) the appellant (claimant) did not have disability from February 21, 2002, through the date of the hearing. The claimant appeals these determinations on sufficiency of the evidence grounds. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in reaching the complained-of determinations. The determinations involved questions 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 determinations are 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).
Notwithstanding, the claimant requests reversal of the hearing officer’s decision for the development and presentation of additional evidence on his behalf. We observe that the claimant was given ample opportunity to meet his burden of proof on the disputed issues. Accordingly, we decline to grant the claimant’s request.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Edward Vilano
CONCUR:
Daniel R. Barry – Appeals Judge
Elaine M. Chaney – Appeals Judge