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 July 11, 2003. The hearing officer determined that the appellant’s (claimant) _______________, compensable injury does not include the cervical or lumbar spine in the form of herniated discs, and that, as a result of the compensable injury, the claimant did not have disability after June 14, 2002. The claimant appeals these determinations. The appeal file does not contain a response from the respondent (carrier).
DECISION
Affirmed.
Extent of injury and disability are factual questions 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 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)). 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). The hearing officer was not persuaded by the evidence that the claimant satisfied his burden of proving that the compensable injury includes the cervical and lumbar spine in the form of herniated discs or that the claimant had disability after June 14, 2002. 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 AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750
AUSTIN, TEXAS 78701.
Chris Cowan
CONCUR:
Margaret L. Turner – Appeals Judge
Edward Vilano – Appeals Judge