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 18, 2001. With respect to the single issue before her, the hearing officer determined that the respondent (claimant) is entitled to supplemental income benefits (SIBs) for the 10th quarter. In its appeal, the appellant (carrier) argues that the hearing officer’s determinations that the claimant made a good faith effort to look for work commensurate with her ability to work in the qualifying period; that the claimant’s unemployment was a direct result of her impairment; and that the claimant is entitled to SIBs for the 10th quarter are against the great weight of the evidence. In her response to the carrier’s appeal, the claimant urges affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant satisfied the requirement of making a good faith job search during the relevant qualifying period. The carrier contends that the hearing officer erred in so finding because the claimant did not document a search for employment in each week of the qualifying period as is required in Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(e) (Rule 130.102(e)). After reviewing the documented job search efforts attached to the claimant’s Application for [SIBs] (TWCC-52), we find no merit in the assertion that the claimant did not document a search for employment in each week of the qualifying period for the 10th quarter. The other factors raised by the carrier in challenging the claimant’s job search efforts were all matters for the hearing officer, as the fact finder, to consider and determine their significance in evaluating the evidence before her. Nothing in our review of the record reveals that the hearing officer’s good faith determination is so against the great weight of the evidence as to be clearly wrong or manifestly unjust. As such, that determination will not be disturbed on appeal. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The carrier also challenges the hearing officer’s direct result determination, arguing that because the claimant turned down a job offer in the 9th quarter, she cannot prevail on the direct result criterion. Although the carrier does not specifically cite the provision, it appears that the carrier is arguing that a bona fide offer of employment was made in the 9th quarter pursuant to Section 408.144(c). The evidence offered to prove that the alleged bona fide offer was made falls far short of establishing the requirements to prove a bona fide offer of employment. As such, we find no merit in the carrier’s assertion that the hearing officer erred in finding that the claimant’s unemployment was a direct result of her impairment from the compensable injury during the qualifying period for the 10th quarter.
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is CLARENDON NATIONAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
UNITED STATES CORPORATION COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Gary L. Kilgore – Appeals Judge