Following a contested case hearing held on August 14, 2000, pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act), the hearing officer resolved the disputed issues by determining that the respondent (claimant) is entitled to supplemental income benefits (SIBs) for the third through seventh quarters. The appellant (self-insured) has appealed, asserting that the hearing officer’s findings that the claimant made a good faith effort to obtain employment commensurate with his ability to work and that his unemployment was a direct result of his impairment are against the great weight of the evidence. The claimant responds that the evidence is sufficient to support the challenged findings and conclusions.
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:
Elaine M. Chaney – Appeals Judge
DISSENTING OPINION:
I dissent from the decision of the majority. In my opinion, the records apparently relied on by the hearing officer do not constitute the “narrative report” required by Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)) and there are in evidence “other records” that do show that the claimant was able to return to work during the pertinent periods. I would reverse and render a new decision that the claimant is not entitled to supplemental income benefits for the third through seventh quarters.
Philip F. O’Neill – Appeals Judge