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 July 24, 2002. With respect to the single issue before him, the hearing officer determined that the respondent (claimant) had disability as a result of his compensable injury from January 27, 2002, through the date of the hearing. In its appeal, the appellant (carrier) argues that the hearing officer’s disability determination is against the great weight of the evidence. In his response to the carrier’s appeal, the claimant urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant had disability, as a result of his compensable injury of ________ from January 27, 2002, through the date of the hearing. That issue presented a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93613, decided August 24, 1993. Section 410.165(a) provides that the hearing officer is the sole judge of the weight and credibility of the evidence. As the fact finder, the hearing officer resolves the conflicts and inconsistencies in the evidence and determines what facts the evidence has established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.- Amarillo 1974, no writ). The hearing officer was acting within his province as the fact finder in determining that the claimant sustained his burden of proving that he had disability, as a result of his compensable injury, from January 27, 2002, through the date of the hearing based upon the evidence from the treating doctor taking the claimant off work and the claimant’s testimony. Nothing in our review of the record demonstrates that the challenged determination is so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to disturb that determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is INSURANCE COMPANY OF THE WEST and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Elaine M. Chaney – Appeals Judge
CONCUR:
Philip F. O’Neill – Appeals Judge
Margaret L. Turner – Appeals Judge