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 May 25, 2004. The hearing officer resolved the disputed issues by determining that the respondent (claimant) sustained a compensable injury on _______________, and had disability from _______________, through the date of the hearing. The appellant (self-insured) appeals these determinations. The claimant urges affirmance of the hearing officer’s decision.
DECISION
Affirmed.
Whether the claimant sustained a compensable injury and had disability were factual questions for the hearing officer to resolve. An aggravation of a preexisting condition is an injury in its own right. Texas Workers’ Compensation Commission Appeal No. 94428, decided May 26, 1994. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and it was for the hearing officer to resolve the conflicts and inconsistencies in the evidence (Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ)). It was the hearing officer’s prerogative to believe all, part, or none of the testimony of any witness, including that of the claimant. Aetna Insurance Company v. English, 204 S.W.2d 850 (Tex. Civ. App.-Fort Worth 1947, no writ). The factors emphasized by the self-insured on appeal are the same factors it emphasized at the hearing. The significance, if any, of those factors was a matter for the hearing officer in resolving the disputed issues. Nothing in our review of the record indicates that the hearing officer’s decision 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).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
SUPERINTENDENT
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Chris Cowan – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Margaret L. Turner – Appeals Judge