Title: 

APD 011223

Significant Decision

Date: 

July 16, 2001

Issues: 

SIBS-7th Quarter

Table of Contents

APD 011223

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 May 23, 2001. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the seventh quarter. Claimant appealed this determination on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

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 note that claimants seeking SIBs must conduct their own job search and document such in order to qualify for SIBs. A claimant may not wait for help from the Texas Rehabilitation Commission, vocational counselors, or other third parties.

We affirm the hearing officer’s decision and order.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Michael B. McShane – Appeals Judge