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 September 17, 2003, with the record closing on September 18, 2003. The hearing officer determined that (1) the respondent (claimant) is not entitled to change treating doctors to Dr. N; and (2) the claimant had disability from May 23, 2003, through the date of the hearing. The appellant (carrier) appeals the disability determination, asserting that the claimant did not have disability beyond June 23, 2003. The appeal file does not contain a response from the claimant. The hearing officer’s determination that the claimant is not entitled to the change of treating doctors was not appealed and has become final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant had disability from May 23, 2003, through the date of the hearing. This 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, including the treating doctor’s testimony that the claimant was capable of only light-duty work after June 23, 2003, 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 AMERISURE MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
CINDY GHALIBAF
7610 STEMMONS FREEWAY, SUITE 350
DALLAS, TEXAS 75247.
Edward Vilano – Appeals Judge
CONCUR:
Chris Cowan – Appeals Judge
Thomas A. Knapp – Appeals Judge