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 22, 2002. The hearing officer determined that the appellant’s (claimant) compensable (left leg) injury of (date of first injury), does not extend to or include a fall and left hip injury on (date of second injury). The claimant appeals and the respondent (carrier) responds, urging affirmance.
DECISION
We affirm the hearing officer’s decision and order.
This case centers on the question of whether the claimant’s (date of second injury), hip injury “naturally resulted” or naturally arose from the (date of first injury), compensable left leg injury. A follow-on injury may itself be compensable if it is the natural result of the original compensable injury. Maryland Casualty Co. v. Sosa, 425 S.W.2d 871 (Tex. Civ. App.-San Antonio 1968, writ ref’d n.r.e. per curiam 432 S.W.2d 515). In determining whether the subsequent injury is one that naturally flowed from the compensable injury, it is important to consider whether there was a distinct, nonwork-related activity involved in the subsequent injury, whether a distinctly different body part was injured, the length of time between the injuries, whether there was only a degree of weakening or lowered resistance, and whether there was medical evidence to establish causation. Texas Workers’ Compensation Commission Appeal No. 000594, decided May 8, 2000. This is generally a question of fact for the hearing officer to decide. Texas Workers’ Compensation Commission Appeal No. 93672, decided September 16, 1993.
The hearing officer is the sole judge of the relevance, materiality, weight, and credibility of the evidence presented at the hearing. Section 410.165(a). In considering all the evidence in the record, we cannot agree that the findings of the hearing officer are so against the great weight and preponderance of the evidence as to be manifestly wrong and unjust. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We therefore affirm the hearing officer’s decision and order.
The true corporate name of the insurance carrier is FIDELITY & GUARANTY INSURANCE COMPANY and the name and address of its registered agent for service of process is
ROBIN MOUNTAIN
ACE USA
6600 EAST CAMPUS CIRCLE DRIVE, SUITE 200
IRVING, TEXAS 75063.
Susan M. Kelley – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Philip F. O’Neill – Appeals Judge