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 January 14, 2003. With respect to the issues before him, the hearing officer determined that the respondent (claimant) sustained a compensable injury on ______________, and that she had disability, as a result of her compensable injury, from November 26, 2001, through the date of the hearing. In its appeal, the appellant (carrier) argues that the hearing officer’s injury and disability determinations are against the great weight of the evidence. In her response to the carrier’s appeal, the claimant urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant sustained a compensable injury on ______________, and that she had disability from November 26, 2001, through the date of the hearing. Those issues presented 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). As the trier of fact, the hearing officer resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence on the injury and disability issues. The hearing officer was acting within his province as the fact finder in resolving the conflicts and inconsistencies in favor of the claimant and in determining that she sustained her burden of proof on both the injury and disability issues. Nothing in our review of the record reveals that the challenged determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse those determinations 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 AMERICAN ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is
BEN SCHROEDER
12222 MERIT DRIVE, SUITE 700
DALLAS, TEXAS 75251.
Elaine M. Chaney – Appeals Judge
CONCUR:
Edward Vilano – Appeals Judge
Roy L. Warren – Appeals Judge