Title: 

APD 021713

Significant Decision

Date: 

August 13, 2002

Issues: 

SIBS-9th & Subsequent Quarters

Table of Contents

APD 021713

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 June 10, 2002. With respect to the issue before her, the hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the 15th quarter. In his appeal, the claimant argues that the hearing officer’s determinations that he did not make a good faith search for employment in the qualifying period for the 15th quarter of SIBs and that he is not entitled to SIBs for the 15th quarter are against the great weight of the evidence. In its response to the claimant’s appeal, the respondent (carrier) urges affirmance.

DECISION

Affirmed.

The hearing officer did not err in determining that the claimant did not satisfy the good faith requirement in the qualifying period for the 15th quarter because he did not sustain his burden of proving that he conducted a good faith job search. The hearing officer was not persuaded that the claimant’s efforts to look for work in the qualifying period were undertaken in good faith in a genuine attempt to gain employment. Nothing in our review of the hearing officer’s determination in that regard reveals that it is so against the great weight as to be clearly wrong or manifestly unjust. As such, no sound basis exists for us to disturb the hearing officer’s good faith determination, or the determination that the claimant is not entitled to SIBs for the 15th quarter, on appeal. 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 ZURICH AMERICAN 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.

Elaine M. Chaney – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Daniel R. Barry – Appeals Judge