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 May 18, 2000. The hearing officer determined that the appellant (carrier) is not entitled to reduce the impairment income benefits (IIBs) of the respondent (claimant) to recoup the previous overpayment of temporary income benefits (TIBs) in the amount of $8,022.43. The carrier appealed, contending that it is entitled to recoupment or offset. The claimant responded that the 1989 Act and rules do not permit such recoupment and requests that we affirm the decision and order.
DECISION
We affirm.
Carrier contends the hearing officer erred in refusing to permit recoupment of overpaid TIBs against IIBs. Carrier asserts that this would not result in a reduction of income-replacement benefits to claimant. Carrier contends that the overpayment was not its fault because it did not receive an Employer’s Wage Statement (TWCC-3) from claimant’s employer for over a year. Claimant testified that he sustained his compensable injury in a motor vehicle accident, that he has undergone a complete cervical fusion, and that he has not returned to work due to the effects of his injury. This case is similar to Texas Workers’ Compensation Commission Appeal No. 991460, decided August 25, 1999. The hearing officer’s determinations in this case are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). We perceive no error in the conclusions reached by the hearing officer. See Appeal No. 991460.
We affirm the hearing officer’s decision and order.
Judy L. Stephens
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge