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 20, 2003. The hearing officer resolved the disputed issue by deciding that the compensable injury of ____________, does extend to and include post-traumatic stress disorder (PTSD) and depression. The respondent (carrier) appeals the hearing officer’s extent-of-injury determination arguing that the hearing officer applied an improper standard of law and that the evidence is insufficient to establish that the claimant’s compensable injury extends to include PTSD and depression. The claimant responded, urging affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the compensable injury of ____________, extends to and includes the diagnoses of PTSD and depression. This was 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)). The hearing officer determined that the evidence established that the claimant’s PTSD and major depression were the direct and natural results of the ____________, compensable injury. We will reverse a factual determination of a hearing officer only if that determination is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986). Applying this standard of review to the record of this case, we decline to substitute our opinion of the evidence for that of the hearing officer.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION for Fremont Industrial Indemnity Company, an impaired carrier and the name and address of its registered agent for service of process is
MARVIN KELLY
9120 BURNET ROAD
AUSTIN, TEXAS 78758.
Michael B. McShane
Appeals Panel
Manager/Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Edward Vilano – Appeals Judge