Following a contested case hearing held on November 6, 2001, pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act), the hearing officer resolved the disputed issue by finding that the respondent’s (claimant) fall on ___________, was caused, in part, by the brace on her left foot, and that her fall was a direct and natural result of the original compensable injury of __________. The hearing officer concluded that the compensable injury extended to and included the right knee. The appellant (self-insured) has appealed on evidentiary sufficiency grounds. The claimant has responded and urges our affirmance.
DECISION
Affirmed.
The claimant testified that on __________, she sustained a ruptured tibial tendon in her left foot as she extended a van while on the job; that she did not undergo surgery for that injury but was prescribed an immobilizing foot brace by Dr. M; that she had several falls caused by the brace; that she was subsequently provided with a somewhat lighter, shorter brace which fits inside her shoe beneath her left foot and extends up to below her knee; that she wears the brace during her waking hours; and that it is sometimes difficult for her to both maneuver her left foot on carpet and start walking with that foot. The claimant further testified that her foot brace caused her fall in her house on ___________, which injured her right shoulder and resulted in surgery; that the self-insured disputed her claim for that injury; that a hearing officer found for her; and that the Appeals Panel, in Texas Workers’ Compensation Commission Appeal No. 992593, decided December 29, 1999, affirmed the hearing officer’s determination that the shoulder injury was compensable.
The claimant further testified that on ___________, as she arose from a sitting position at her residence, her left foot “snagged” on the carpet, because she could not correctly maneuver her foot with the brace on, and that she fell, catching herself on a chair and injuring her right knee. Dr. L diagnosed a right knee meniscal tear on May 3, 2001. On May 31, 2001, Dr. L wrote that the claimant initially complained of right knee pain following a fall, secondary to tripping with her left foot orthotic snagging on the carpet; that she fell and injured her knee; and that she has a history of multiple falls due to decreased mobility secondary to the posterior tibial tear and orthotic. Dr. L wrote on June 19, 2001, that the claimant has been referred for right knee surgery, which she needs soon. The claimant said she has not yet had the surgery.
The carrier contends that the evidence is legally insufficient to support the challenged findings because the claimant did not provide expert medical evidence of reasonable medical probability, because of the time that has expired since the original injury (___________) and the second injury (___________), and because the claimed injury involves a different body part. These contentions were matters for the hearing officer to consider and went to the weight he assigned to the evidence. 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)). We are satisfied that the challenged findings are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Pool v. Ford Motor Company, 715 S.W.2d 629, 635 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is SELF INSURED and the name and address of its registered agent for service of process is
FRANCIS FAYE C/O J. I SPECIALTY SERVICES
9229 WATERFORD CENTER BLVD #100
AUSTIN, TEXAS 78758.
Philip F. O’Neill – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
CONCUR IN THE RESULT:
Thomas A. Knapp – Appeals Judge