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 scheduled for August 28, 2003, but rescheduled to and held on September 24, 2003. The hearing officer determined that: (1) the compensable injury of ____________, does not extend to include marked hypertrophic changes of the acromioclavicular joint causing marked medial outlet impingement, changes of the disffuse tendinosis throughout the rotator cuff tendon, and a partial tear along the bursal surface of the right shoulder; and (2) the appellant (claimant) did not have disability resulting from the compensable injury of ____________, for the period beginning March 25, 2003, through the date of the hearing. The claimant appeals these determinations on sufficiency of the evidence grounds. The respondent (carrier) urges 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)). The hearing officer considered the evidence, including the testimony of the claimant’s treating doctor and found that the compensable injury did not include the above conditions and the claimant did not have disability for the period asserted. 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).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Edward Vilano
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge