Title: 

APD 042509

Significant Decision

Date: 

November 29, 2004

Issues: 

SIBS-9th & Subsequent Quarters

Table of Contents

APD 042509

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 September 21, 2004. The hearing officer determined that respondent (claimant) is entitled to supplemental income benefits (SIBs) for the 17th quarter. Appellant (carrier) appealed the determinations regarding good faith and direct result on sufficiency grounds. Claimant responded that the hearing officer did not err in making her determinations.

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. 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.

According to information provided by carrier, the true corporate name of the insurance carrier is CONTINENTAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Judy L. S. Barnes

CONCUR:

Thomas A. Knapp – Appeals Judge

Margaret L. Turner – Appeals Judge