Title: 

APD 011045

Significant Decision

Date: 

June 28, 2001

Issues: 

SIBS-3rd Quarter

Table of Contents

APD 011045

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 April 25, 2001. The hearing officer determined that respondent (claimant) is entitled to supplemental income benefits (SIBs) for the third quarter. Appellant (carrier) appealed this determination on sufficiency grounds. Claimant responded that the Appeals Panel should uphold the hearing officer’s decision.

DECISION

We affirm.

Carrier contends the hearing officer erred in determining that claimant is entitled to SIBs for the third quarter. The matters raised by carrier involve fact and credibility issues which were for the hearing officer to resolve. We have reviewed the hearing officer’s determinations and we conclude that they 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. S. Barnes – Appeals Judge

CONCUR:

Robert E. Lang

Appeals Panel

Manager/Judge

Susan M. Kelley – Appeals Judge