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 October 24, 2001. The hearing officer resolved the sole disputed issue by determining that the compensable injury of __________, does not include an injury to the lumbar spine. The appellant (claimant) appeals on sufficiency of the evidence grounds. The respondent (carrier) replies, urging affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury did not include an injury to the lumbar spine. Conflicting evidence was presented on this issue, including somewhat contradictory evidence from the claimant himself. The claimant presented medical records which were not persuasive in establishing that the alleged lumbar injury was causally connected to the compensable knee injury. 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’s decision is supported by sufficient evidence, and is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust.
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is
C T CORPORATION
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Michael B. McShane – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Philip F. O’Neill – Appeals Judge