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 May 23, 2001. The hearing officer determined that the respondent’s (claimant) compensable injury extends to and includes depression, panic attacks, anxiety, and post-traumatic stress disorder. The appellant (carrier) has appealed on sufficiency of the evidence grounds. The claimant submitted a response, setting forth agreement with the hearing officer’s findings and conclusions.
DECISION
Affirmed.
Whether a compensable injury extends to and includes a psychological condition is a question of fact for the hearing officer to decide. The hearing officer found that the claimant’s original injury was a producing cause of his psychological problems. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as the weight and credibility that is to be given the evidence. It was for the hearing officer, as trier of fact, to resolve the inconsistencies and conflicts in the evidence. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). This is equally true regarding medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The hearing officer determined that the evidence established that the claimant’s psychological problems began shortly after the original injury, and were caused by the original injury. We will reverse a factual determination of a hearing officer only if that determination is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986). Applying this standard of review to the record of this case, we decline to substitute our opinion of the evidence for that of the hearing officer.
The hearing officer’s decision and order are affirmed.
Michael B. McShane – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Susan M. Kelley – Appeals Judge