This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 7, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable injury on ________________, and had disability as a result. After the decision underwent a clerical correction, it stated that the period of the claimant’s disability was from November 13, 2002, continuing through the date of the CCH. The appellant (carrier) filed a request for review and the claimant responded. The case had to be remanded to the hearing officer for reconstruction of the record. The remand hearing was held on August 14, 2003, at the same location with the same hearing officer presiding. The hearing officer again determined that the claimant sustained a compensable injury on ________________, and had disability from November 13, 2002, through the date of the CCH. The carrier again appeals and the claimant responds, urging affirmance.
DECISION
Affirmed.
The hearing officer did not err in making 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).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is ARGONAUT INSURANCE COMPANY and the name and address of its registered agent for service of process is
BOBBY E. HAMMOND JR.
1431 GREENWAY DRIVE, SUITE 450
IRVING, TEXAS 75038.
Michael B. McShane
Appeals Panel
Manager-Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Margaret L. Turner – Appeals Judge