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 January 7, 2003, in Lubbock. The hearing officer determined that the respondent (claimant) is entitled to supplemental income benefits (SIBs) for the sixth quarter. The appellant (carrier) appeals and the claimant responds, urging affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant is entitled to SIBs for the sixth quarter. Section 408.142(a) and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)) set out the requirements of making a good faith effort to obtain employment commensurate with the ability to work for SIBs under a “no ability to work” theory. The carrier does not contend that there are other records that show that the claimant had some ability to work. Rather, the carrier contends that the claimant is not entitled to sixth quarter SIBs because there is not a sufficient medical narrative report that specifically explains how the injury causes a total inability to work.
It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Ins. Co., 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). The hearing officer determined that the claimant “provided a narrative report from a doctor that specifically explains how the injury causes a total inability to work.” In view of the evidence presented and the applicable law, we cannot conclude that the hearing officer’s determination is 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 TRANSPORTATION INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Roy L. Warren – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Thomas A. Knapp – Appeals Judge