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 24, 2004. The hearing officer determined that: (1) the appellant (claimant) did not sustain a compensable injury on ___________; (2) the respondent (carrier) is relieved from liability under Section 409.002, because the claimant failed, without good cause, to timely notify his employer of an injury pursuant to Section 409.001; (3) the carrier’s contest of compensability is limited to the defenses listed on the first Notice of Refused or Disputed Claim (TWCC-21) that was filed on February 25, 2004, which sufficiently states the grounds for the carrier’s dispute; and (4) the claimant did not have disability because he did not sustain a compensable injury. The claimant appeals the injury, notice, and disability determinations on sufficiency of the evidence grounds. The carrier urges affirmance. The remaining determination was not appealed and has become final. Section 410.169.

DECISION

Affirmed.

The hearing officer did not err in making the complained-of determinations. The determinations involved questions 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 determinations are 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 decision and order of the hearing officer is affirmed.

The true corporate name of the insurance carrier is LIBERTY MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Edward Vilano

CONCUR:

Robert W. Potts
Appeals Judge

Margaret L. Turner
Appeals Judge