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 9, 2003. The hearing officer determined that (1) the compensable injury of ____________, includes an injury to the left ring finger and a lumbar contusion, but does not include an injury to the head or ribs; and (2) the appellant (claimant) has not had disability. The claimant appeals these determinations on sufficiency of the evidence grounds. The respondent (carrier) asserts that the claimant’s appeal is untimely and, in the alternative, urges affirmance.
DECISION
Affirmed.
We first address the carrier’s assertion that the claimant’s appeal is untimely. A written request for appeal must be filed within 15 days of the date of receipt of the hearing officer’s decision, excluding Saturdays, Sundays, and holidays listed in Section 662.003 of the Texas Government Code. Section 410.202(a) and (d). Texas Workers’ Compensation Commission (Commission) records indicate that the hearing officer’s decision was mailed to the claimant on January 24, 2003. The claimant was deemed to have received the decision on January 29, 2003, pursuant to Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(d) (Rule 102.5(d)). Because February 17, 2003, was a holiday, the last date for the claimant to timely file an appeal was February 20, 2003. A copy of the claimant’s appeal was faxed to the Commission on February 20, 2003, and was stamped as received by the Commission’s Chief Clerk of Proceedings on that date. The appeal is, therefore, timely.
The hearing officer did not err in making 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 AMERICAN ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is
GEORGE MICHAEL JONES
9330 LBJ FREEWAY, SUITE 1200
DALLAS, TEXAS 75243.
Edward Vilano
CONCUR:
Daniel R. Barry – Appeals Judge
Elaine M. Chaney – Appeals Judge