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 September 27, 2001. With respect to the issues, the hearing officer determined that the respondent (claimant) is entitled to supplement income benefits (SIBs) for the seventh, eighth, and ninth quarters.
The appellant (carrier) appeals the hearing officer’s determinations, contending that the claimant did not look for work in good faith each week of the qualifying period and that the claimant did not document work for the final week of the eighth qualifying quarter. There is no response contained in our file from the claimant. The hearing officer’s determination that the claimant’s underemployment was a direct result of his impairment from the compensable injury has not been appealed.
DECISION
We affirm the hearing officer’s decision in part, and reverse and render in part.
SIBs FOR THE SEVENTH AND NINTH QUARTERS
There is sufficient evidence to support the hearing officer’s determination that the claimant was entitled to SIBs for the seventh and ninth quarters. The hearing officer has summarized the pertinent facts. The essence of the appeal is that the carrier disagrees with the hearing officer’s determination that the claimant did not make a good faith effort to obtain employment commensurate with his ability to work. The matters raised by the 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).
SIBs FOR THE EIGHTH QUARTER
We have reviewed the Application for [SIBs] (TWCC-52) forms for each quarter. During the 13th week of the eighth qualifying period, the claimant did not document a job search. He did not testify that he sought employment during that week. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(e) (Rule 130.102(e)) provides, in part, that except as provided in subsection (d)(1), (2), (3), and (4) of Rule 130.102, an injured employee who has not returned to work and is able to return to work in any capacity shall look for employment commensurate with his or her ability to work every week of the qualifying period and document his or her job search efforts. In Texas Workers’ Compensation Commission Appeal No. 992321, decided November 22, 1999, we held that the documentation requirement of Rule 130.102(e) was mandatory and that a hearing officer could not consider non-documented employment contacts in arriving at the good faith determination. Accordingly, because the claimant did not document a job search each week of the qualifying period and the hearing officer’s decision to the contrary is not supported for the eighth quarter, we reverse the decision of the hearing officer and render a decision that the claimant was not entitled to SIBs for his eighth quarter of eligibility, although we affirm the decision finding entitlement to the seventh and ninth quarters.
The true corporate name of the insurance carrier is LIBERTY MUTUAL FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEMS
350 NORTH ST. PAUL, SUITE 2900
DALLAS, TEXAS 75201.
Susan M. Kelley – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
CONCUR IN THE RESULT:
Gary L. Kilgore – Appeals Judge