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 16, 2002. The hearing officer determined that (1) the appellant (claimant) did not sustain a compensable injury on ________.; (2) the claimant did not have disability; and (3) the claimant’s average weekly wage (AWW) is $217.90. The claimant appeals the injury and disability determinations on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the decision and order. The hearing officer’s AWW determination was not appealed and is, therefore, final. Section 410.169.
DECISION
We affirm.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury on ________ and that he did not have disability. The injury determination involved a question of fact for the hearing officer to resolve. 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, resolved 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)). In view of the evidence presented, we cannot conclude that the hearing officer’s injury determination is 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). Because the claimant did not have a compensable injury, the hearing officer properly concluded that the claimant did not have disability. Section 401.011(16).
We affirm the hearing officer’s decision and order.
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
LARRIETT THOMAS
3636 EXECUTIVE CENTER DRIVE, SUITE 210
AUSTIN, TEXAS 78731.
Judy L. S. Barnes – Appeals Judge
CONCUR:
Michael B. McShane – Appeals Judge
Margaret L. Turner – Appeals Judge