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 28, 2003. The hearing officer determined that the respondent’s (claimant) average weekly wage (AWW) is $185.28, and that the compensable injury of _____________, includes the claimant’s diagnosed herniated cervical disc at C4-5. The appellant (carrier) appealed the hearing officer’s extent-of-injury determination on sufficiency of the evidence grounds. The claimant urges affirmance. The hearing officer’s AWW determination was not appealed and has become final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the compensable injury of _____________, includes the claimant’s diagnosed herniated cervical disc at C4-5. 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 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 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is
CT CORPORATION
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Edward Vilano
CONCUR:
Judy L. S. Barnes – Appeals Judge
Chris Cowan – Appeals Judge