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 17, 2001. The hearing officer determined that the appellant’s (claimant) compensable right wrist injury did not extend to or include aggravation of Kienbock’s disease. The claimant appealed the determination on sufficiency grounds. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The claimant had the burden to prove that his compensable right wrist injury enhanced, accelerated, or worsened his underlying Kienbock’s disease. Texas Workers’ Compensation Commission Appeal No. 94428, decided May 26, 1994. There was conflicting medical 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 notes that one of the doctors described Kienbock’s disease as “the deterioration of the lunate a very important bone in the wrist due to loss of its inherent blood flow. . . during a period of time the bone begins to deteriorate and collapse.” With the medical evidence in conflict, the hearing officer could find that the compensable right wrist injury did not enhance, accelerate, or worsen the claimant’s preexisting, end-stage Kienbock’s disease. 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.
The true corporate name of the insurance carrier is TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is
C.T. CORPORATION
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Thomas A. Knapp – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Susan M. Kelley – Appeals Judge