This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on March 20, 2002. With regard to the issues before him, the hearing officer determined that the respondent (claimant) sustained a compensable injury on ______________; that the injury was not caused by the claimant’s willful intent to injure himself; and that the claimant had disability from ______________, continuing through the date of the CCH. The appellant (carrier) appealed and the claimant responded.
DECISION
Affirmed as reformed.
It is undisputed that the claimed date of injury is ______________. However, in Conclusion of Law No. 4, the hearing officer determined that the claimant had disability from June 17, 2001, to the present. As this is an obvious typographical error, we reform Conclusion of Law No. 4 to read “The claimant had disability from ______________, to the present.”
We have reviewed the complained-of determinations and find that the hearing officer’s decision is supported by sufficient evidence to be affirmed in its entirety. The issues 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 presented on the disputed issues. 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). Nothing in our review of the record reveals that the hearing officer’s determinations are 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 those determinations on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The hearing officer’s decision and order are affirmed as reformed herein.
The true corporate name of the insurance carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Daniel R. Barry – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Robert W. Potts – Appeals Judge