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 4, 2004. The hearing officer determined that: (1) the date of injury (DOI) is _____________; (2) the appellant (claimant) did not sustain a compensable repetitive trauma injury; (3) the respondent (carrier) is not relieved from liability under Section 409.002, because the claimant timely notified her employer of an injury pursuant to Section 409.001; and (4) the claimant did not have disability. The claimant appeals the injury and disability determinations on sufficiency of the evidence grounds. The carrier did not file a response. The hearing officer’s DOI and notice determinations were not appealed and have become final. Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant did not sustain a compensable repetitive trauma injury and did not have disability. The injury determination involved a question 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 injury determination 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). Because the claimant did not sustain a compensable injury, the hearing officer properly concluded that the claimant did not have disability. Section 401.011(16).
The decision and order of the hearing officer is affirmed.
The true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
MR. RUSSELL RAY OLIVER, PRESIDENT
221 WEST 6TH STREET, SUITE 300
AUSTIN, TEXAS 78701-3403.
Edward Vilano
CONCUR:
Daniel R. Barry – Appeals Judge
Robert W. Potts – Appeals Judge