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 25, 2001. The hearing officer determined that the appellant’s (claimant) compensable injury of ____________, did not include an injury to the right shoulder. The claimant appeals the hearing officer’s determination on sufficiency grounds. The respondent (carrier) urges affirmance of the hearing officer’s decision.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury of ______________, did not include an injury to the right shoulder. The claimant had the burden to prove that he sustained damage or harm to his right shoulder, arising out of and in the course and scope of his employment on ______________, or that the claimed right shoulder injury naturally resulted from the compensable injury. Texas Workers’ Compensation Commission Appeal No. 91028, decided October 23, 1991; Section 401.011(26); see Texas Workers’ Compensation Commission Appeal No. 950524, decided May 19, 1995. 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). 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 is affirmed.
Susan M. Kelley
CONCUR:
Thomas A. Knapp – Appeals Judge
Robert W. Potts – Appeals Judge