Title: 

APD 002864

Significant Decision

Date: 

January 18, 2001

Issues: 

SIBS-9th & Subsequent Quarters

Table of Contents

APD 002864

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 18, 2000. With regard to the issues before her, the hearing officer determined that the appellant (claimant) was not entitled to supplemental income benefits (SIBs) for the 11th compensable quarter and that the respondent (carrier) is not entitled to suspend the claimant’s SIBs to recoup a previous overpayment. There was a prior appeal that was decided in Texas Workers’ Compensation Commission Appeal No. 002384, decided November 14, 2000.

The claimant again appeals the hearing officer’s decision on the SIBs issue and requests that we reverse the hearing officer’s decision and render a decision in his favor. The appeal file does not contain a response from the carrier.

DECISION

This exact same case having been previously decided in Appeal No. 002384, supra, the subject matter is res judicata and we no longer have jurisdiction over this matter.

Thomas A. Knapp – Appeals Judge

CONCUR:

Kenneth A. Huchton – Appeals Judge

Susan M. Kelley – Appeals Judge