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 January 13, 2004. The hearing officer determined that: (1) the compensable injury of _______________, does not include an injury to the right knee; and (2) the appellant/cross-respondent (claimant) had disability from August 15 to August 17, 2003, and from August 27, 2003, to January 6, 2004. The claimant appeals these determinations on sufficiency of the evidence grounds, asserting that the compensable injury includes the right knee and that disability continued through the date of the hearing. The respondent/cross-appellant (carrier) urges affirmance of the hearing officer’s extent-of-injury determination but cross-appeals the hearing officer’s disability determination, asserting that the evidence does not support a finding of disability beyond August 17, 2003.
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 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL
DALLAS, TEXAS 75201.
Edward Vilano
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge