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 August 13, 2002. The hearing officer determined that (1) the appellant/cross-respondent (claimant) did not sustain a compensable injury in the form of an occupational disease; (2) the claimant did not have disability; (3) the date of injury (DOI) is ____________; and (4) the respondent/cross-appellant (carrier) is not relieved from liability for the claimed injury under Section 409.002, because the claimant timely notified her employer pursuant to Section 409.001. The claimant appeals the hearing officer’s injury and disability determinations on sufficiency grounds. The carrier responded, urging affirmance of the injury and disability determinations. The carrier cross-appeals the hearing officer’s DOI and notice determinations and the finding of fact regarding disability, on sufficiency grounds.
DECISION
Affirmed.
The hearing officer did not err in reaching the appealed determinations. The determinations involved questions 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, resolves 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 determinations are 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, 176 (Tex. 1986).
The decision and order of the hearing officer are affirmed.
The true corporate name of the carrier is SECURITY INSURANCE COMPANY OF HARTFORD and the name and address of its registered agent for service of process is
CORPORATE SERVICES COMPANY
800 BRAZOS STREET
AUSTIN, TEXAS 78701.
Gary L. Kilgore – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Philip F. O’Neill – Appeals Judge