Title: 

APD 020422

Significant Decision

Date: 

March 20, 2002

Issues: 

Extent of Injury

Table of Contents

APD 020422

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 January 28, 2002. The hearing officer determined that the respondent’s (claimant) compensable (right knee, low back, and neck) injury extends to and includes loss of vision in the claimant’s left eye.

The appellant (carrier) appealed, contending that the medical evidence does not support the hearing officer’s decision and citing several vision loss and follow-on Appeals Panel decisions. The claimant responds, urging affirmance.

DECISION

Affirmed.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. We do agree with the carrier that this is the type of case that requires expert medical evidence. At issue was whether a certain anti-inflammatory that was prescribed for the claimant’s compensable injury caused or contributed to an increase in the claimant’s blood pressure and whether the high blood pressure caused or contributed to the anterior ischemic optic neuropathy which caused the claimant’s loss of vision. There was conflicting medical evidence, including several reports from an ophthalmologist, who the hearing officer commented “has the best credentials of any doctor reviewing Claimant’s case.”

We have reviewed the cases cited by the carrier and do not find them dispositive of the issue in this case. (Three cases are just loss of vision cases and three other cases are follow-up “naturally flowing” cases.)

The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determinations are not 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 TWIN CITY FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is

JIM ADAMS, ATTORNEY

450 GEARS ROAD, SUITE 500

HOUSTON, TEXAS 77067.

Thomas A. Knapp – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Edward Vilano – Appeals Judge