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 20, 2002. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) was not entitled to supplemental income benefits (SIBs) for the second, third, and fourth compensable quarters, and that, had the claimant been entitled to third quarter SIBs, the carrier would have been relieved of liability therefrom for the period of February 15 through March 12, 2002. The claimant appealed on sufficiency grounds, and the respondent (carrier) responded, urging affirmance.
DECISION
Affirmed.
Section 408.142(a) and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102 (Rule 130.102) set out the statutory and administrative rule requirements for SIBs. At issue in this case is whether the claimant met the good faith job search requirement of Section 408.142(a)(4) by complying with Rules 130.102(d)(4) and 130.102(e). It is undisputed that the claimant sustained a compensable injury on _____________; that the claimant has reached maximum medical improvement with an impairment rating of 15% or greater; and, that the qualifying periods for the second through fourth quarters was from August 4, 2001, through May 3, 2002, with the corresponding quarters running from November 16, 2001, through August 15, 2002. The hearing officer made undisputed findings that the claimant’s unemployment/underemployment was a direct result of the impairment from the compensable injury.
The claimant asserts that he met the good faith job search requirement of Rule 130.102(b)(2) by compliance with Rule 130.102(d)(4) for the second and third quarters. In other words, the claimant proceeded on the theory that he had no ability to work. Rule 130.102(d)(4) provides that an injured employee has made a good faith effort to obtain employment commensurate with the employee’s ability to work if the employee has been unable to perform any type of work in any capacity, has provided a narrative report from a doctor which specifically explains how the injury causes a total inability to work, and no other records show that the injured employee is able to return to work. The hearing officer found that the claimant had some ability to work, as addressed in a Work Status Report (TWCC-73), as well as progress notes, from the claimant’s treating doctor, and that he thus did not make a good faith effort to secure employment commensurate with his abilities.
Regarding the fourth quarter, the claimant alleged that he obtained employment, and the record clarifies that the claimant worked from April 29 through May 18, 2002. The claimant testified that he worked these weeks performing light janitorial duties at a funeral home for two hours in the morning, five days a week. The hearing officer found that the claimant’s work was not relatively equal to his ability to work.
The hearing officer did not err in determining that, had the claimant been entitled to third quarter SIBs, the carrier would have been relieved of liability from the period of February 15 through March 12, 2002. It was not disputed that the third quarter ran from February 15 through May 16, 2002, or that the carrier received the claimant’s third quarter Application for [SIBs] (TWCC-52) on March 13, 2002. Thus, the carrier was relieved from payment of third quarter SIBs from February 15 through March 12, 2002.
After review of the record before us and the complained-of determination, we have concluded that there is sufficient legal and factual support for the hearing officer’s decision. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
Accordingly, the hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is TRAVELERS INDEMNITY COMPANY OF CONNECTICUT and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Thomas A. Knapp
CONCUR:
Elaine M. Chaney – Appeals Judge
Veronica L. Ruberto – Appeals Judge