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 August 8, 2002. With respect to the issues before her, the hearing officer determined that the respondent (claimant) is not entitled to supplemental income benefits (SIBs) for the 11th quarter; that the appellant (carrier) would be relieved of liability for a portion of the 11th quarter had the claimant been found to be entitled to the benefits because of the claimant’s late filing of his Application for [SIBs] (TWCC-52); and that the claimant is entitled to SIBs for the 12th quarter. In its appeal, the carrier argues that the hearing officer’s determination that the claimant made a good faith effort to look for work in the qualifying period for the 12th quarter of SIBs is against the great weight of the evidence. The appeal file does not contain a response to the carrier’s appeal from the claimant. In addition, the claimant did not appeal the hearing officer’s determinations with respect to the 11th quarter of SIBs and, as a result, those determinations have become final pursuant to Section 410.169.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant was entitled to SIBs for the 12th quarter, which ran from June 12 to September 10, 2002. The parties stipulated that on _____________, the claimant sustained a compensable injury, that his impairment rating was more that 15%, and that he did not commute a portion of his impairment income benefits. In an unchallenged finding, the hearing officer determined that the claimant’s unemployment in the 12th quarter qualifying period was a direct result of his compensable injury. The hearing officer further determined that the claimant made a good faith effort to look for work in the qualifying period in accordance with Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(e) (Rule 130.102(e)). That issue presented a question of fact for the hearing officer. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The claimant’s TWCC-52 for the 12th quarter showed that he looked for work during each week of the qualifying period, which ran from February 28 to May 29, 2002. In challenging the hearing officer’s good faith determination, the carrier emphasizes the same factors it emphasized at the hearing in arguing that the claimant’s search for employment was not undertaken in good faith in a genuine effort to return to work. The significance of those factors was a matter for the hearing officer, as the finder of fact, to determine. The hearing officer was acting within her province as the fact finder in rejecting the carrier’s arguments and in determining that the claimant made a good faith effort to look for work in the qualifying period. Nothing in our review of the record demonstrates that the challenged determination is so against the great weight of the evidence 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 entitled to SIBs for the 12th quarter, on appeal. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICES COMPANY
800 BRAZOS, SUITE 750, COMMODORE 1
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Margaret L. Turner – Appeals Judge