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 October 22, 2001. With regard to the issue before him, the hearing officer determined that the appellant (claimant herein) was not entitled to supplemental income benefits (SIBs) for the 22nd quarter. This determination was based upon the hearing officer’s factual finding that during the qualifying period the claimant did not attempt in good faith to obtain employment commensurate with his ability to work. The claimant appeals, arguing that he did seek employment in good faith and that the evidence in this case did not differ from previous cases where he had been granted SIBs. The respondent (carrier herein) replies that there is sufficient evidence to support the decision of the hearing officer and that it has disputed entitlement to SIBs in some prior quarters.
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 hearing officer did not err in determining that the claimant was not entitled to 22nd-quarter SIBs. Sections 408.142 and 408.143 provide, in part, that an employee continues to be entitled to SIBs after the first compensable quarter if the employee (1) has not returned to work or has earned less than 80 percent of his average weekly wage as a direct result of the impairment, and (2) has in good faith sought employment commensurate with his ability to work.
Whether the claimant attempted in good faith to seek employment is a question of fact for the hearing officer. Texas Workers’ Compensation Commission Appeal No. 94150, decided March 22, 1994; Texas Workers’ Compensation Commission Appeal No. 94533, decided June 14, 1994. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). As an appellate-reviewing tribunal, the Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are 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); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We are satisfied that the evidence sufficiently supports the hearing officer’s determination that, for the qualifying period corresponding to the 22nd quarter of SIBs, the claimant failed to establish his entitlement to SIBs by showing that he made a good faith job search.
As far as the evidence in the present quarter being the same as prior quarters, the claimant did not prove that the evidence was identical. One factor mentioned by the hearing officer in his decision is his apparent belief that the claimant may not have actually made the job searches he listed on his Application for [SIBs] (TWCC -52) during the qualifying period, but may have simply copied searches from previous quarters onto his TWCC -52. Such a belief by the hearing officer would distinguish the present quarter from previous quarters.
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance carrier is LIBERTY MUTUAL INSURANCE and the name and address of its registered agent for service of process is
CT CORP. SYSTEM
350 N. ST. PAUL ST.
DALLAS, TX 75201.
Gary L. Kilgore – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Thomas A. Knapp – Appeals Judge