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 November 12, 2003. The hearing officer determined that the respondent (claimant) sustained a compensable repetitive trauma injury with a date of injury of ______________, and had disability from June 2, 2003, through the date of the hearing. The appellant (carrier) appeals these determinations. The appeal file contains no response from the claimant.
DECISION
Affirmed.
Section 401.011(34) defines occupational disease as including repetitive trauma injuries. Whether the claimant’s work activities were sufficiently repetitive to cause an injury and whether the claimant was unable to obtain or retain employment at her preinjury wage as a result of the injury were factual determinations 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)). It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). Nothing in our review of the record indicates that the hearing officer’s decision 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). Although expert medical evidence is not necessary to establish a causal connection between a claimant’s work activities and carpal tunnel syndrome (Texas Workers’ Compensation Commission Appeal No. 92083, decided April 16, 1992, citing Houston Independent School District v. Harrison, 774 S.W.2d 298, Tex. App.-Houston [1st Dist.] 1987, no writ)), we would point out that such evidence is contained in the record.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is FEDERAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
PARKER W. RUSH
1445 ROSS AVENUE, SUITE 4200
DALLAS, TEXAS 75202-2812.
Chris Cowan
CONCUR:
Gary L. Kilgore – Appeals Judge
Robert W. Potts – Appeals Judge