Title: 

APD 020497

Significant Decision

Date: 

April 17, 2002

Issues: 

SIBS-3rd Quarter, SIBS-4th Quarter

Table of Contents

APD 020497

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 February 5, 2002. The hearing officer held that the appellant (claimant) was not entitled to supplemental income benefits (SIBs) for the third or fourth quarters of eligibility and that the employer tendered a bona fide offer of employment to the claimant.

The claimant appeals, arguing essentially that the hearing officer’s determinations are against the great weight and preponderance of the evidence. There is no response from the respondent (self-insured) contained in our file.

DECISION

We affirm the hearing officer’s decision.

There is sufficient evidence to support the hearing officer’s determination that the claimant was not entitled to SIBs. The hearing officer has summarized the pertinent facts. The essence of the appeal is that the claimant disagrees with the hearing officer’s determinations that the claimant is not entitled to SIBs. The matters raised by the claimant 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).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is

EXECUTIVE DIRECTOR

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Gary L. Kilgore – Appeals Judge

CONCUR:

Robert W. Potts – Appeals Judge

CONCUR IN THE RESULT:

Thomas A. Knapp – Appeals Judge