Title: 

APD 002760

Significant Decision

Date: 

January 11, 2001

Issues: 

SIBS-6th Quarter

Table of Contents

APD 002760

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 30, 2000. The hearing officer determined that respondent (claimant) is entitled to supplemental income benefits (SIBs) for the sixth quarter. Appellant (carrier) appealed this determination on sufficiency grounds. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

Carrier contends the hearing officer erred in determining that claimant is entitled to SIBs for the sixth quarter. The matters raised by carrier involve fact and credibility issues which were for the hearing officer to resolve. We have reviewed the hearing officer’s determinations and we conclude that they 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.

Judy L. Stephens

CONCUR:

Elaine M. Chaney – Appeals Judge

Gary L. Kilgore – Appeals Judge