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 25, 2001. The hearing officer determined that the appellant (claimant) did not make a good faith effort to obtain employment commensurate with his ability to work and that he is not entitled to first quarter supplemental income benefits (SIBs). Claimant appeals, asserting that he did make a good faith job search during the relevant qualifying period and that he is entitled to SIBs for the first quarter. There is no response in the file from the respondent (carrier).
DECISION
We affirm.
Claimant contends the hearing officer erred in determining that he is not entitled to SIBs for the first quarter. Claimant asserts that he looked for work every week of the qualifying period and that he made a good faith effort to obtain employment commensurate with his ability to work. We have reviewed the complained-of determinations regarding good faith and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We 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).
Claimant complains that Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102 (Rule 130.102) does not require that an injured worker make any set minimum or maximum number of job contacts during the qualifying period. While this is true, a hearing officer may consider “the manner in which the job search is undertaken with respect to timing, forethought, and diligence.” Texas Workers’ Compensation Commission Appeal No. 002053, decided October 12, 2000. The hearing officer could find from the evidence that claimant did not make a good faith effort to find work commensurate with his ability to work. Claimant also asserts that he should be entitled to SIBs for the first quarter because the job he obtained during the qualifying period for the second quarter of SIBs was found by searching the same way he searched during the first quarter, and because he has qualified for SIBs in each subsequent quarter. The fact that claimant was able to obtain employment and become eligible for SIBs in a subsequent quarter has no bearing on his eligibility for a previous quarter. A claimant must show entitlement to SIBs for each relevant quarter.
We affirm the hearing officer’s decision and order.
According to information provided by carrier, the true corporate name of the insurance carrier is AMERICAN ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is
GEORGE MICHAEL JONES
9330 LBJ FREEWAY, SUITE 1200
DALLAS, TEXAS 75243.
Judy L. S. Barnes – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Michael B. McShane – Appeals Judge