This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On November 6, 2000, a hearing was held. The appellant (claimant) appealed and the respondent (carrier) responded.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s right knee injury, which was accepted by the carrier, did not extend to a torn medial meniscus. The claimant had the burden to prove that the tear of her right medial meniscus occurred on __________, or was a naturally flowing result of the injury of __________. See Texas Workers’ Compensation Commission Appeal No. 94248, decided April 12, 1994. There was conflicting evidence presented at the hearing regarding the extent of the claimant’s original right knee injury. The evidence supports the hearing officer’s decision.
The hearing officer did not err in determining that the extent-of-injury issue was a Hearings Division issue he was required to decide. Medical Review Division issues are limited to medical fee disputes, medical necessity disputes, and preauthorization disputes. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 133.305 (Rule 133.305).
The hearing officer did not err in deciding the carrier did not waive the right to contest additional injuries to the right knee because this was an issue regarding the extent of the compensable injury. Pursuant to Rule 124.3(c), a carrier does not waive the right to contest the issue of extent of injury by failing to contest compensability within 60 days of the date it receives written notice of additional claims of injury.
The decision and order of the hearing officer are affirmed.
Kenneth A. Huchton – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge