Your FREE and easy resource for all things Texas workers' compensation
At a Glance:
APD 041739
September 2, 2004

APD 041739

September 2, 2004

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 June 24, 2004. The hearing officer resolved the disputed issues by determining that the respondent’s (claimant) ____________, compensable injury includes an abdominal hernia in the form of a ventral or umbilical hernia, and that the claimant had disability from June 6, 2003, through the date of the hearing. The appellant (carrier) appeals these determinations. The claimant urges affirmance of the hearing officer’s decision.



The disputed issues in this case involved factual questions for the hearing officer to resolve. 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). 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). 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 and 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 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CONNECTICUT and the name and address of its registered agent for service of process is




Chris Cowan
Appeals Judge


Daniel R. Barry
Appeals Judge

Thomas A. Knapp
Appeals Judge