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 (1) the respondent (claimant) sustained a compensable injury on ____________; and (2) the appellant’s (carrier) contest of compensability was based on newly discovered evidence that could not have reasonably been discovered prior to the 60th day after the carrier received written notice of the claimant’s injury. The carrier appeals the hearing officer’s injury determination on sufficiency grounds. No response was filed. The hearing officer’s decision with regard to the timely contest of compensability was not appealed and is, therefore, final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant sustained a compensable injury on ___________. The claimant had the burden to prove that he sustained damage or harm to his right wrist and hand arising out of and in the course and scope of his employment. 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 (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 are affirmed.
Susan M. Kelley – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Thomas A. Knapp – Appeals Judge