Title: 

APD 040686

Significant Decision

Date: 

May 5, 2004

Issues: 

SIBS-2nd Quarter, SIBS-3rd Quarter, SIBS-4th Quarter, SIBS-5th Quarter, SIBS-First Quarter, Timely Filing of SIBS App

Table of Contents

APD 040686

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 March 9, 2004. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the first through fifth quarters. Claimant appealed the hearing officer’s adverse determinations regarding good faith and SIBs entitlement for the fourth and fifth quarters. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order. The hearing officer’s determinations regarding SIBs entitlement for the first through third quarters were not appealed and have become final. Section 410.169.

DECISION

We affirm.

We have reviewed the complained-of determinations regarding good faith and SIBs entitlement for the fourth and fifth quarters and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. We conclude that the hearing officer’s 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. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is ARGONAUT SOUTHWEST INSURANCE COMPANY and the name and address of its registered agent for service of process is

JOSEPH A. YURKOVICH

1431 GREENWAY DRIVE, SUITE 450

IRVING, TEXAS 75038.

Judy L. S. Barnes

CONCUR:

Daniel R. Barry – Appeals Judge

Chris Cowan – Appeals Judge