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 November 8, 2001. The hearing officer determined that the appellant (claimant) was not entitled to supplemental income benefits for the fifth quarter of eligibility, because he had not made a search for employment commensurate with his ability to work. The hearing officer found that the claimant had some ability to work. The claimant has appealed, arguing that the hearing officer’s decision is so against the great weight and preponderance of the evidence as to be manifestly unfair or unjust. The respondent (carrier) recites facts that support the decision.
DECISION
We affirm the hearing officer’s decision.
Conflicting evidence was presented and it is clear that the claimant’s treating doctor believes him to be so limited by his back injury and subsequent surgeries that he can no longer return to his old job or work an eight-hour day. It is the hearing officer, as the sole judge of the weight and credibility of the evidence (Section 410.165(a)), who resolves the conflicts and inconsistencies in the evidence (Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ)), and determines what facts have been established from the conflicting evidence. St. Paul Fire & Marine Insurance Company v. Escalera, 385 S.W.2d 477 (Tex. Civ. App.-San Antonio 1964, writ ref’d n.r.e.). This is equally true of medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, 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 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).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is SENTRY SELECT INSURANCE COMPANY and the name and address of its registered agent for service of process is
GAIL LYNN ESTES
1525 NORTH INTERSTATE 35E Suite 220
CARROLLTON, TEXAS 75006.
Susan M. Kelley – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge