Employer's witness, Dean Sielbold, testified he remembered a tree falling around claimant in early September 1997. He also testified that claimant told him his foot hurt after the tree fell. Dana Woolsey, employer's last witness, testified that he saw the tree hit claimant's foot on the left side. The triage note from the hospital reflected an injury to claimant's foot one year earlier with intermittent pain. Dr. Saddler's initial notes also reflect the incident one year earlier and intermittent pain following the incident.
Employer first contends the evidence is insufficient to establish an injury by accident.
Siebold could not remember which foot he said was hurt immediately after the accident. Woolsey thought the tree had fallen on the side of his left foot and recalled complaints of ankle pain. He also recalled advising the claimant to seek medical attention. The minor discrepancies between the testimony of Woolsey and the claimant are inconsequential. Credible evidence supports this finding.