This appeal is brought pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on May 24, 2000. The appellant (claimant) and the respondent (carrier) stipulated that the eighth quarter for supplemental income benefits (SIBs) began on October 14, 1999, and ended on January 12, 2000, and that the ninth quarter for SIBs began on January 13, 2000, and ended on April 12, 2000. The hearing officer determined that during the qualifying periods for those quarters the claimant’s unemployment was a direct result of his impairment from the compensable injury. Those determinations have not been appealed and have become final under the provisions of Section 410.169. The hearing officer also determined that during the qualifying periods the claimant did not make a good faith effort to obtain employment commensurate with his ability to work and that he is not entitled to SIBs for the eighth and ninth quarters. The claimant appealed, stated that the evidence established that during the qualifying periods he made good faith efforts to seek employment commensurate with his ability to work, and requested that the Appeals Panel reverse the decision of the hearing officer and render a decision that he is entitled to SIBs for the eighth and ninth quarters. The carrier responded, urged that the evidence is sufficient to support the decision of the hearing officer, and requested that it be affirmed.
DECISION
We affirm.
The claimant made a general appeal, without specifically stating how the hearing officer erred in making her determinations. The hearing officer made a finding of fact that during the qualifying period for the eighth quarter “Claimant did not conduct and document a job search effort every week of the qualifying period, specifically July 2, 1999 through July 11, 1999.” July 2 was a Friday and July 11 was a Monday. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(e) (Rule 130.102(e)) requires that an injured employee who has not returned to work and is able to return to work in any capacity shall look for employment commensurate with his ability to work every week of the qualifying period and document the job search efforts. At the CCH, the attorney representing the claimant stated that the claimant may not have looked for work during each week of the qualifying period because of confusion concerning the start of that qualifying period. The Appeals Panel has held that there is no good cause exception for not seeking employment every week of a qualifying period. The Application for [SIBs] (TWCC-52) for the eighth quarter indicates that changes were made concerning the dates that the claimant sought employment; is not easy to read; and appears to show that the claimant conducted a job search on July 2, 1999, and did not conduct another job search until July 14, 1999. The evidence is sufficient to support the findings of fact that during the qualifying period for the eighth quarter the claimant did not conduct and document a job search every week of the qualifying period as required by Rule 130.102(e) and did not in good faith seek employment commensurate with his ability to work and the conclusion of law that the claimant is not entitled to SIBs for the eighth quarter. We affirm the determination that the claimant is not entitled to SIBs for the eighth quarter.
Concerning the good faith requirement during the qualifying period for the ninth quarter, the hearing officer found that the claimant made approximately 38 job contacts which resulted in no interviews or job offers; that he did conduct and document a job search effort every week; that the claimant did not conduct a well-structured job search; that his efforts to find work lacked the objective manifestations of good faith with respect to timing, forethought, and diligence in his efforts to obtain employment; and that the claimant did not make a good faith effort to obtain employment commensurate with his ability to work. The claimant testified that he had been told by a Texas Workers’ Compensation Commission (Commission) employee to look for jobs that he had experience in, that his experience was working in plumbing and driving a tractor, that he looked for work in plumbing, that during previous qualifying periods he worked four hours a day for a plumber driving a tractor, that he had to stop working after about six months because of pain in his low back, that he goes back to the same employers because they are the ones that are in the plumbing business, that he asked for jobs working about two or three hours a day, that during the qualifying period he did not go to the Texas Rehabilitation Commission or the Texas Workforce Commission, and that he did not have any interviews and was not offered a job during the qualifying period. In the statement of the evidence in her Decision and Order, the hearing officer referred to Rule 130.102(e). That rule states that the reviewing authority shall consider the information from the injured employee which may include, but is not limited to, information regarding ten factors that are listed. One of them is “any job search plan by the injured employee.” In Texas Workers’ Compensation Commission Appeal No. 992810, decided January 28, 2000, the carrier complained that the hearing officer did not apply the “timing, forethought, and diligence” test set forth in Appeals Panel decisions. The Appeals Panel stated that the new SIBs rules set forth factors to be considered, including “any job search plan,” without stating that the plan must show “timing, forethought, and diligence.” We again encourage hearing officers to use language in the 1989 Act and Commission rules in their Decisions and Orders. Considering the evidence, the comments of the hearing officer in her statement of the evidence, and findings of fact she made; we do not determine that she committed reversible error in applying the provisions of Rule 130.102(e) and do find the evidence to be sufficient to support her determinations that during the qualifying period for the ninth quarter the claimant did not make a good faith effort to obtain employment commensurate with his ability to work and that he is not entitled to SIBs for the ninth quarter. 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).
We affirm the decision and order of the hearing officer.
Tommy W. Lueders – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Philip F. O’Neill – Appeals Judge