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 April 15, 2002. The hearing officer determined that the respondent (claimant) sustained a compensable injury on ____________, and that he has had disability from October 23, 2001, through the date of the CCH. The appellant (carrier) appeals on evidentiary sufficiency grounds. The claimant urges affirmance.
DECISION
Affirmed.
It was undisputed that an incident occurred at the job site when the claimant and others had to quickly scramble out of a pit when a large press tipped over. The evidence concerning whether the claimant sustained any injuries was in sharp conflict, with the claimant indicating that at first he felt that he just had the normal aches and pains from hard work, but that those problems did not immediately resolve. The carrier’s evidence indicated that the claimant did not appear to have any injuries, nor did he manifest any symptoms of injury over the next several days of work.
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 trier of fact may believe all, part, or none of the testimony of any witness. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). We will reverse a factual determination of a hearing officer only if that determination is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986). Applying this standard of review to the record of this case, we decline to substitute our opinion of the credibility of the respective witnesses for that of the hearing officer.
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is FIRST LIBERTY INSURANCE CORPORATION and the name and address of its registered agent for service of process is
C T CORPORATION SYSTEMS
350 NORTH ST. PAUL STREET, SUITE 2900
DALLAS, TEXAS 75201.
Michael B. McShane – Appeals Judge
CONCUR:
Philip F. O’Neill – Appeals Judge
Roy L. Warren – Appeals Judge