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 September 19, 2001. The record closed on September 20, 2001. With respect to the single issue before her, the hearing officer determined that the appellant’s (claimant) compensable injury of __________, extends to and includes a ligamentous muscular cervical sprain, but it does not extend to and include small disc herniations at C4-5, C5-6, and C6-7. In her appeal, the claimant asserts error in the determination that her compensable injury does not extend to and include the cervical herniations. In its response to the claimant’s appeal, the respondent (carrier) urges affirmance. The carrier did not appeal the determination that the claimant’s compensable injury includes a cervical sprain and that determination has, therefore, become final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury does not extend to the herniated discs at C4-5, C5-6, and C6-7. That issue presented a question of fact for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a); Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence on the issue of the nature and extent of the claimant’s compensable injury. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). The hearing officer’s determination that the claimant’s compensable injury does not extend to the cervical herniations is not so contrary to the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to reverse that determination on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is LIBERTY MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION
350 NORTH ST. PAUL STREET, SUITE 2900
DALLAS, TEXAS 75201.
Elaine M. Chaney – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Thomas A. Knapp – Appeals Judge