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 December 1, 2003. The hearing officer decided that: (1) the respondent (claimant) sustained a compensable injury on _____________; (2) the claimant had disability beginning June 25, 2003, and continuing through the date of the hearing; and (3) the appellant (self-insured) has not waived its right to dispute the claimed injury because it timely contested the injury in accordance with Section 409.021. The self-insured appeals the injury and disability determinations on sufficiency of the evidence grounds. The claimant urges affirmance. The hearing officer’s waiver determination was not appealed and has become final. Section 410.169.
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)). 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 is affirmed.
The true corporate name of the insurance carrier is (a certified self-insured) and the name and address of its registered agent for service of process is
NO
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Edward Vilano – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Chris Cowan – Appeals Judge