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 January 29, 2002. The hearing officer determined that the appellant (claimant) was not entitled to supplemental income benefits (SIBs) for her 12th quarter of eligibility.
The claimant has appealed, arguing that the hearing officer failed to explain in his decision why a search for 24 jobs was not a good faith job search. The claimant argues that the decision is against the great weight and preponderance of the evidence. The respondent (carrier) responds that the decision should be affirmed.
DECISION
We affirm the hearing officer’s decision.
The claimant said that she looked for jobs at places referred to her by a vocational counselor, and that she limited herself to a search for part-time work because she felt that this was the most she could do although she did not produce reports or restrictions from her treating doctor. The claimant indicated that she believed that she actually had a total inability to work, but searched in part because it was required to obtain SIBs. Her injury was a 1997 low back injury from a slip and fall for which she had surgery.
We cannot agree that the hearing officer did not address why he did not find the job search to be one undertaken in good faith; he has noted that very little time was spent in such search. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE 130.102(E) Rule 130.102(e)) lists the time spent in a search, as well as various factors relating to the nature and style of such a search, as matters that may be considered by the hearing officer in analyzing whether the claimant made a good faith search for employment, designed at finding employment rather than qualifying for SIBs. In considering all the evidence in the record, we cannot agree that the findings of the hearing officer are so against the great weight and preponderance of the evidence as to be manifestly wrong and unjust. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We affirm the decision and order.
The true corporate name of the insurance carrier is AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
DOROTHY LEADERER
1999 BRYAN STREET
DALLAS, TEXAS 75201.
Susan M. Kelley
CONCUR:
Elaine M. Chaney – Appeals Judge
Terri Kay Oliver – Appeals Judge