Title: 

APD 033266

Significant Decision

Date: 

February 9, 2004

Issues: 

SIBS-9th & Subsequent Quarters

Table of Contents

APD 033266

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 November 24, 2003. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the 12th, 13th, and 14th quarters. Claimant appealed these determinations on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

Claimant contends that the hearing officer misstated or misunderstood the evidence from Dr. P. The hearing officer stated that he did not find claimant’s evidence regarding his return to work to be credible. We have reviewed claimant’s contention and the hearing officer’s determinations and conclude that any possible error did not result in an improper decision in this case.

We have reviewed the complained-of determinations regarding SIBs entitlement 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 INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is

JIM MALLOY

8144 WALNUT HILL LANE, SUITE 1600

DALLAS, TEXAS 75231.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Margaret L. Turner – Appeals Judge