Your FREE and easy resource for all things Texas workers' compensation
At a Glance:
Title:
APD 010169
Date:
March 15, 2001

APD 010169

March 15, 2001

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 4, 2001. With regard to the issue before her, the hearing officer determined that the appellant (claimant) did not make a good faith effort to obtain employment commensurate with her ability to work and was therefore not entitled to supplemental income benefits (SIBs) for the 22nd quarter. Claimant appealed on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision.

DECISION

We affirm.

Whether the claimant made the required good faith job search presented a question of fact for the hearing officer to decide. Texas Workers' Compensation Commission Appeal No. 950307, decided April 12, 1995. Applying our standard of review, we conclude that the hearing officer’s determinations regarding good faith and SIBs 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.

CONCUR:

Judy L. S. Barnes
Appeals Judge

Susan M. Kelley
Appeals Judge

Philip F. O'Neill
Appeals Judge

Top