Title: 

APD 021947

Significant Decision

Date: 

September 17, 2002

Issues: 

SIBS-6th Quarter

Table of Contents

APD 021947

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 July 8, 2002. The hearing officer determined that respondent (claimant) is entitled to supplemental income benefits for the second, third, fifth, and sixth compensable quarters. Appellant (carrier) appealed these determinations on sufficiency grounds. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. There was evidence from claimant that she was unable to perform her former work as a manager due to her injury. There was evidence from Dr. K that claimant would “never be able to resume her former regular work as a supervisor . . . .” The hearing officer could find from the evidence that claimant was earning a lower rate of pay as a direct result of the compensable injury. The hearing officer determined that claimant’s underemployment during the qualifying periods in question was a direct result of her impairment. We conclude that those determinations are supported by the record and are not so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Texas Workers’ Compensation Commission Appeal No. 970283, decided April 1, 1997; 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 PROTECTION INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Gary L. Kilgore – Appeals Judge

Veronica L. Ruberto – Appeals Judge