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 May 2, 2003. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on or about _____________, and did not have disability. The claimant appeals these determinations and contends that the hearing officer should not have admitted respondent’s (self-insured) Exhibit Nos. 5 and 6. The self-insured urges affirmance of the hearing officer’s decision and order.
DECISION
Affirmed.
Whether the claimant sustained a compensable injury and had disability were 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 was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, 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).
With regard to the claimant’s contention that Self-insured’s Exhibit Nos. 5 and 6 should not have been admitted, we note that the claimant did not object to the admission of the exhibits at the hearing and, therefore, waived the right to do so on appeal.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is (a certified self-insured) and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, COMMODORE 1, SUITE 750
AUSTIN, TEXAS 78701.
Chris Cowan
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge