This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on November 18, 2003. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) had disability beginning on February 24, 2003, and continuing through the date of the CCH, and that the claimant’s compensable injury did not extend to and include his teeth. The claimant appealed, disputing the extent-of-injury determination. The respondent (carrier) responded, urging affirmance of the disputed determination. The disability determination was not appealed and has become final. Section 410.169.
DECISION
Affirmed.
The parties stipulated that the claimant sustained a compensable injury on ______________. The claimant testified that he was operating a crane by remote controls and slipped and fell landing on a concrete floor.
The issue of extent of injury presents a question of fact. Section 410.165(a) provides that the hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given to the evidence. It was for the hearing officer, as trier of fact, to resolve the inconsistencies and conflicts in the evidence. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701, 702 (Tex. Civ. App.-Amarillo 1974, no writ). This is equally true regarding medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286, 290 (Tex. App.-Houston [14th Dist.] 1984, no writ). The trier of fact may believe all, part, or none of the testimony of any witness. Taylor v. Lewis, 553 S.W.2d 153, 161 (Tex. Civ. App.-Amarillo 1977, writ ref’d n.r.e.); Aetna Insurance Co. v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). The hearing officer was not persuaded that the compensable injury extended to the claimant’s teeth, noting that the most credible, persuasive medical evidence indicated that the claimant did not sustain an injury to his teeth at the time of the compensable injury.
When reviewing a hearing officer’s decision for factual sufficiency of the evidence, we should reverse such decision only if it is so contrary to the overwhelming weight 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 Co., 715 S.W.2d 629, 635 (Tex. 1986). Applying this standard, we find sufficient evidence in the record to support the hearing officer’s resolution of the issue.
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is NATIONAL AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
STEPHEN C. CARLIN
13155 NOEL ROAD
900 THREE GALLERIA TOWER
DALLAS, TEXAS 75240.
Margaret L. Turner
CONCUR:
Chris Cowan – Appeals Judge
Thomas A. Knapp – Appeals Judge