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 15, 2004. With respect to the single issue before him, the hearing officer determined that the respondent’s (claimant) compensable injury of ______________, extends to and includes depression. In its appeal, the appellant (self-insured) argues that the hearing officer’s determination in that regard is against the great weight of the evidence. The appeal file does not contain a response to the self-insured’s appeal from the claimant.
DECISION
Affirmed.
The hearing officer did not err determining that the claimant’s compensable injury includes depression. Depression is compensable if it is the “result of the injury” as opposed to being traceable to the “circumstances arising out of and immediately following the injury.” Texas Workers’ Compensation Commission Appeal No. 961449, decided September 9, 1996. Where it is determined that depression naturally flowed from the pain and physical limitations caused by the compensable injury, it is compensable; however, depression resulting from the stress of the workers’ compensation “system” or financial difficulties is not compensable. See Texas Workers’ Compensation Commission Appeal No. 030056, decided February 12, 2003, and cases cited therein. The issue of whether the compensable injury extended to include depression presented 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). As the trier of fact, the hearing officer resolves the conflicts and inconsistencies in the evidence and decides what facts the evidence has established. Texas Employers Ins. Ass’n v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). There was conflicting evidence on the issue of whether the claimant’s depression was causally related to her compensable injury. The hearing officer was acting within his province as the fact finder in giving more weight to the evidence tending to demonstrate the causal connection between the claimant’s chronic pain and limitations from her compensable injury and her depression. Nothing in our review of the record reveals that the challenged determination is so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse that determination on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is STATE OFFICE OF RISK MANAGEMENT (a self-insured governmental entity) and the name and address of its registered agent for service of process is:
For service in person the address is:
JOHNATHAN BOW, EXECUTIVE DIRECTOR
STATE OFFICE OF RISK MANAGEMENT
300 W. 15TH STREET
WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR
AUSTIN, TEXAS 78701.
For service by mail the address is:
JOHNATHAN BOW, EXECUTIVE DIRECTOR
STATE OFFICE OF RISK MANAGEMENT
P.O. BOX 13777
AUSTIN, TEXAS 78711-3777.
Elaine M. Chaney
CONCUR:
Gary L. Kilgore – Appeals Judge
Edward Vilano – Appeals Judge