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 23, 2003. The hearing officer determined that the appellant’s (claimant) compensable injury of _____________, does not include or extend to Kienb`ck’s Disease. The claimant appeals, essentially on sufficiency of the evidence grounds. The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
The hearing officer did not err in making the complained-of determination. The determination involved a question 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 this case the hearing officer was not persuaded by the claimant’s evidence that his Kienb`ck’s Disease was causally related to the compensable injury of _____________, within reasonable medical probability. In view of the evidence presented, we cannot conclude that the hearing officer’s determination 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, 176 (Tex. 1986).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is EMPLOYERS GENERAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
ROBERT RAMSOWER
THANKSGIVING TOWER, 1601 ELM STREET, SUITE 1600
DALLAS, TEXAS 75201.
Michael B. McShane
Appeals Panel
Manager-Judge
CONCUR:
Chris Cowan – Appeals Judge
Edward Vilano – Appeals Judge