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 April 14, 2003. The hearing officer resolved the disputed issues by determining that the appellant (claimant) did not sustain a compensable injury on ______________; that he did not have disability; that the he did not timely report the claimed injury to his employer; and that the claimant was not barred from pursuing workers’ compensation benefits because of an election to receive benefits under a group health insurance policy. The parties stipulated that the respondent (carrier) did not waive the right to contest compensability. The claimant appeals the compensability, disability, and timely notice determinations. The appeal file does not contain a response from the carrier.
DECISION
Affirmed.
The complained-of determinations involved factual questions for the hearing officer to resolve. The hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as the weight and credibility that is to be given to the evidence. Section 410.165(a). It is for the hearing officer to resolve the inconsistencies and conflicts in the evidence and to decide what facts the evidence has established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). Nothing in our review of the record reveals that the hearing officer’s decision is 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 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is PACIFIC EMPLOYERS INSURANCE COMPANY and the name and address of its registered agent for service of process is
MARCUS MERRITT
6600 CAMPUS CIRCLE DRIVE EAST #220
IRVING, TEXAS 75063.
Chris Cowan
CONCUR:
Thomas A. Knapp – Appeals Judge
Veronica L. Ruberto – Appeals Judge