This appeal arises 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 August 4, 2000. With regard to the issues before him, the hearing officer determined that the respondent (claimant) was entitled to supplemental income benefits (SIBs) for the sixth and seventh quarters; that the claimant timely filed the Application for [SIBs] (TWCC-52) for the sixth quarter; and that the claimant has not permanently lost entitlement to SIBs.
The appellant (self-insured) appealed, contending that Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)) had not been met because there is no “narrative that indicates what the Claimant is and is not able to do on a regular basis, and how this precludes him from performing any type of work at all [emphasis in the original].” The self-insured also appeals the determinations on timely filing and permanent loss of entitlement. The self-insured requests that we reverse the hearing officer’s decision and render a decision in its favor. The appeals file does not contain a response from the claimant.
DECISION
Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.
The decision and order of the hearing officer are affirmed.
Gary L. Kilgore – Appeals Judge
CONCUR:
Judy L. Stephens – Appeals Judge
DISSENTING OPINION:
I dissent from the majority opinion and would reverse and render a decision that the claimant was not entitled to supplemental income benefits (SIBs) for the sixth and seventh compensable quarters and has permanently lost entitlement to SIBs.
Thomas A. Knapp – Appeals Judge