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 October 30, 2003. The hearing officer determined that the respondent’s (claimant) anterior cruciate ligament (ACL) tear of the left knee resulted from the ______________, compensable injury, and that the claimant had disability from August 16, 2001, through June 12, 2003. The appellant (carrier) appeals these determinations. The claimant urges affirmance of the hearing officer’s decision.
DECISION
Affirmed.
Extent of injury and disability were factual questions 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). The hearing officer was obviously persuaded by the report of Dr. L, who opined that the torn ACL was present at the time of the January 2001 MRI and is part of the compensable injury. Although the carrier asserts on appeal that the hearing officer “took it without question” that the torn ACL was not caused by an intervening injury, we would point out that the only evidence supporting that theory was a report from Dr. B, which the hearing officer specifically referred to in the Statement of the Evidence. 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).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is LUMBERMENS UNDERWRITING ALLIANCE and the name and address of its registered agent for service of process is
DEBRA S. MATHEWS-BUDET
12200 FORD ROAD, SUITE 344
DALLAS, TEXAS 75234.
Chris Cowan – Appeals Judge
CONCUR:
Robert W. Potts – Appeals Judge
Edward Vilano – Appeals Judge