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 February 17, 2004. The hearing officer determined that the respondent (claimant) sustained an injury, in the form of an occupational disease, while performing her job duties as a customer representative on _____________. The appellant (carrier) appealed, arguing that the hearing officer’s determination is not support by sufficient evidence and is against the great weight and preponderance of the evidence. The appeal file does not contain a response from the claimant.
DECISION
Affirmed.
The claimant had the burden to prove that she sustained a repetitive trauma injury, which is defined as “damage or harm to the physical structure of the body occurring as the result of repetitious, physically traumatic activities that occur over time and arise out of and in the course and scope of employment.” Conflicting evidence was presented on the sole disputed issue. The hearing officer commented that the claimant’s testimony was credible and persuasive to establish that her job duties as a customer service representative were physically traumatic. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). 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 (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 (Tex. App.-Houston [14th Dist.] 1984, no writ). We conclude that the hearing officer’s determination is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is UNITED STATES FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is
PAUL DAVID EDGE
6404 INTERNATIONAL PARKWAY, SUITE 1000
PLANO, TEXAS 75093.
Veronica L. Ruberto
CONCUR:
Judy L. S. Barnes – Appeals Judge
Edward Vilano – Appeals Judge