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 August 18, 2004. The hearing officer determined that: (1) the compensable injury of __________, includes left carpal tunnel syndrome (CTS); and (2) the respondent (claimant) had disability from January 3, 2004, through the date of the hearing. The appellant (carrier) appeals these determinations on sufficiency of the evidence grounds. The claimant did not file a response.
The hearing officer did not err in determining that the compensable injury of __________, includes left CTS. This determination involved 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)) 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)). In view of the evidence presented, we cannot conclude that the hearing officer's determination 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 did not err in determining that the claimant had disability from January 3, 2004, through the date of the hearing. The carrier’s appeal of this issue is premised upon the success of its appeal with regard to the extent-of-injury issue. Given our affirmance of the hearing officer’s extent-of-injury determination, we likewise affirm the hearing officer’s disability determination.
The decision and order of the hearing officer is affirmed.
The true corporate name of the insurance carrier is COMMERCE & INDUSTRY INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS SUITE 750, COMMODORE 1
AUSTIN, TEXAS 78701.
Judy L. S. Barnes
Thomas A. Knapp