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 February 7, 2003. The hearing officer determined that (1) the employer did not make a bona fide offer of employment (BFOE); and (2) the respondent (claimant) had disability from the compensable injury of ____________, from May 16, 2002, through January 7, 2003. The appellant (carrier) appeals these determinations on sufficiency of the evidence grounds. The claimant urges affirmance.
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 carrier asserts that the claimant did not have disability, given the availability of light-duty employment consistent with the claimant’s restrictions, albeit not a BFOE. We have rejected similar arguments in the past. See Texas Workers’ Compensation Commission Appeal No. 022908, decided January 8, 2003; Texas Workers’ Compensation Commission Appeal No. 023240, decided February 19, 2003.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Edward Vilano
CONCUR:
Chris Cowan – Appeals Judge
Roy L. Warren – Appeals Judge