Title: 

APD 021742

Significant Decision

Date: 

August 23, 2002

Issues: 

SIBS-2nd Quarter

Table of Contents

APD 021742

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 19, 2002. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the second quarter. Claimant appealed this determination on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determination regarding SIBs and good faith and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s determination is 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).

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 RISK FUNDING INSURANCE COMPANY and the name and address of its registered agent for service of process is

MR. RON ARTHUR

12222 MERRITT DRIVE

DALLAS, TEXAS 75251.

Judy L. S. Barnes

CONCUR:

Elaine M. Chaney – Appeals Judge

Gary L. Kilgore – Appeals Judge