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 July 1, 2004. The hearing officer resolved the disputed issues by determining that the respondent (claimant) sustained a compensable right elbow injury; that the date of injury is _______________; that the claimant gave timely notice of the injury to her employer and, consequently, the appellant (carrier) is not relieved from liability under Section 409.002; and that the claimant had disability from December 31, 2003, through May 25, 2004. The carrier appeals these determinations. The claimant urges affirmance of the hearing officer’s decision.

DECISION

Affirmed.

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). 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). Our review of the record indicates that the hearing officer’s Background Information section of the decision and order accurately reflects the evidence presented and there is no indication that the hearing officer considered facts not in evidence. 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 AMERICAN ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is

LEO F. MALO

12222 MERIT DRIVE, SUITE 700

DALLAS, TEXAS 75251.

Chris Cowan

CONCUR:

Daniel R. Barry
Appeals Judge

Robert W. Potts
Appeals Judge