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 August 31, 2001. The hearing officer determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury; that the respondent (self-insured) is relieved of liability under Section 409.002 because of the claimant’s failure to timely notify his employer pursuant to Section 409.001; the date of injury is __________; and the claimant did not have disability because he did not sustain a compensable injury. The claimant has appealed the adverse determinations on sufficiency-of-the-evidence grounds. The self-insured responded, and urges affirmance of the hearing officer’s determinations.
DECISION
Affirmed.
The evidence supports the hearing officer’s factual determinations. 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 to the evidence. Section 410.165(a). All of the issues in this case presented questions for the fact finder. It is for the hearing officer 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). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust, and we do not find them to be so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is (SELF-INSURED) and the name and address of its registered agent for service of process is
C T CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Michael B. McShane – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Robert W. Potts – Appeals Judge