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 December 6, 2000. The hearing officer determined that the appellant (claimant) was not entitled to his 11th quarter of supplemental income benefits because he failed to document that he made a search for employment in every week of the qualifying period.
The claimant appeals this determination and the respondent (carrier) responds by asking for affirmance.
We affirm the hearing officer's decision.
The hearing officer did not err by finding that the claimant failed to demonstrate that he made a good faith search for employment commensurate with his ability to work, according to any of the provisions in Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE §130.102(d) and (e) (Rule 130.102(d) and (e)). Although the claimant’s doctor stated that the claimant could "never" return to "significant" work due to post laminectomy pain from his 1996 back surgery, the doctor also indicated several ranges of functioning ability. The claimant sought employment with only six documented contacts in the qualifying period. He contended that participation in physical therapy for a six-week period, four days a week, excused a search for employment during that six-week period.
We have reviewed the record and find that the hearing officer's decision is sufficiently supported by the law and the evidence in the case, and affirm the decision and order.
Susan M. Kelley
Thomas A. Knapp
Philip F. O’Neill