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 August 22, 2000. The record closed on September 1, 2000. The hearing officer determined that: (1) the appellant/cross-respondent (carrier) is not entitled to contribution and is not entitled to recoupment for overpaid temporary income benefits (TIBS); (2) the respondent/cross-appellant (claimant) is not entitled to supplemental income benefits SIBs) for the first quarter; and (3) the first certification of maximum medical improvement and the 16% impairment rating by Dr. M became final pursuant to the 90-day rule. Carrier appealed the determinations regarding recoupment and contribution on sufficiency grounds. Claimant responded that he agreed with these appealed determinations. Claimant appealed the hearing officer’s adverse SIBs and 90-day rule determinations on sufficiency grounds. Carrier responded the the hearing officer’s determinations regarding the 90-day rule and SIBs were not in error.
DECISION
We affirm.
We have reviewed the record, the appeal, and the cross-appeal. We perceive no legal error and conclude that the hearing officer’s determinations 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 affirm the hearing officer’s decision and order.
Judy L. Stephens
CONCUR:
Elaine M. Chaney – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge