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 13, 2001. With respect to the single issue before him, the hearing officer determined that the compensable injury did not include the appellant’s (claimant) left knee. The claimant appeals the hearing officer’s determination on sufficiency grounds. The respondent (carrier) urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant’s compensable injury does not include the left knee. The claimant had the burden to prove that his knee injury directly and naturally resulted from his compensable low back injury. Texas Workers’ Compensation Commission Appeal No. 950524, decided May 19, 1995. There was conflicting evidence on the issue before the hearing officer and he was acting within his province as the fact finder in resolving that conflict in favor of the carrier. In view of the evidence presented, the hearing officer could find that the claimant’s left knee injury did not naturally flow from his compensable back injury. That determination is not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Thus, we will not disturb it on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The decision and order of the hearing officer is affirmed.
The true corporate name of the carrier is LUMBERMENS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
SERVICE CORPORATION COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert W. Potts – Appeals Judge