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 7, 2004. With respect to the issues before him, the hearing officer determined that: (1) the respondent (claimant) sustained a compensable injury on _______________; and (2) the claimant had disability for two days, September 18 and September 19, 2003, and again beginning September 25, 2003, and continuing through the date of the hearing. In its appeal, the appellant (carrier) appeals the determinations on sufficiency of the evidence grounds. In his response to the carrier’s appeal, the claimant urges affirmance.
The hearing officer did not err in determining that the claimant sustained a compensable injury on _______________, and that he had disability for two days, September 18 and September 19, 2003, and again beginning September 25, 2003, and continuing through the date of the hearing. 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)). 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 ZURICH AMERICAN 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 75251-2237.
Gary L. Kilgore
Robert E. Lang