Title: 

APD 023132

Significant Decision

Date: 

February 3, 2003

Issues: 

SIBS-2nd Quarter

Table of Contents

APD 023132

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 4, 2002. The appellant (carrier) appeals the hearing officer’s determinations that the respondent (claimant) is entitled to supplemental income benefits (SIBs) for the second quarter and that the claimant’s weekly earnings to be used to determine the monthly SIBs rate are $313.43 per week. The claimant responds, urging affirmance.

DECISION

Affirmed.

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 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 LUMBERMEN’S MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Roy L. Warren – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Gary L. Kilgore – Appeals Judge