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 August 15, 2003. With respect to the sole issue before her, the hearing officer determined that the appellant (claimant) had disability resulting from the compensable injury of _____________, beginning on August 2, 2003, and continuing through the date of the hearing. The claimant appealed on sufficiency of the evidence grounds, asserting that disability began on January 9, 2003. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant had disability beginning on August 2, 2003, and continuing through the date of the hearing. This determination involved a question of fact to be determined by the hearing officer. Texas Workers’ Compensation Commission Appeal No. 93560, decided August 19, 1993. 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)). The hearing officer can find that the claimant’s termination for cause from a light-duty job with the employer is the reason for the claimant’s inability to obtain and retain employment at his preinjury wage, as opposed to the compensable injury being the cause. See Texas Workers’ Compensation Commission Appeal No. 022831, decided December 13, 2002. 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).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Edward Vilano – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Margaret L. Turner
Appeals Panel