This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On November 21, 2000, and January 10, 2001, a hearing was held. On the sole issue, the hearing officer determined that the appellant (claimant) did not sustain a compensable injury to his lumbar spine on ________.
DECISION
Affirmed.
The parties stipulated that on ________ the claimant sustained a compensable head and cervical spine injury. The hearing officer did not err in determining that the claimant did not sustain a compensable injury to his lumbar spine on ________. The claimant had the burden to prove that his lumbar injury arose out of and in the course and scope of his employment on ________. See Texas Workers’ Compensation Commission Appeal No. 91028, decided October 23, 1991. There was conflicting evidence presented with regard to this issue. 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 (TexasEmployers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). The hearing officer’s determination is not 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 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
Gary L. Kilgore – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert W. Potts – Appeals Judge