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 December 9, 2002. The hearing officer determined that (1) the respondent (claimant) sustained a compensable injury in the form of an occupational disease on ___________; and (2) the claimant had disability beginning August 15, 2002, and continuing through the date of the hearing. The appellant (self-insured) appeals these determinations on sufficiency of the evidence grounds. The claimant urges affirmance. The claimant filed a conditional cross-appeal, asserting that the hearing officer erred in admitting Self-Insured’s Exhibit Nos. 6 and 7 and in failing to address the claimed bilateral shoulder injury. The conditional cross-appeal was not timely filed as an appeal and, therefore, will not be considered. Section 410.202.
DECISION
Affirmed.
The hearing officer did not err in reaching the complained-of 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 insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
RM
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Edward Vilano
CONCUR:
Daniel R. Barry – Appeals Judge
Chris Cowan – Appeals Judge