Title: 

APD 011823

Significant Decision

Date: 

September 17, 2001

Issues: 

SIBS-9th & Subsequent Quarters

Table of Contents

APD 011823

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 July 16, 2001. The hearing officer determined that respondent (claimant) is entitled to supplemental income benefits for the 20th quarter. Appellant (carrier) appealed this determination, challenging the determinations regarding good faith and direct result. Claimant 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. The hearing officer could find from the evidence from Dr. S and Dr. H that claimant was working within his restrictions and had returned to work relatively equal to his ability to work. The hearing officer resolved any conflicts in the evidence regarding whether claimant could work full time and his reasons for not working full time. The hearing officer could also find from the evidence that claimant’s underemployment was a direct result of his impairment. 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 LUMBERMENS 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.

Judy L. S. Barnes

CONCUR:

Philip F. O’Neill – Appeals Judge

Robert W. Potts – Appeals Judge