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 June 29, 2001, the record closed on July 13, 2001. With regard to the issues before her, the hearing officer determined that claimant is not entitled to SIBs for the 6th, 7th, 8th, 9th, and 10th quarters, that claimant is entitled to SIBs for the 11th quarter but because claimant has permanently lost entitlement to any additional income benefits pursuant to Section 408.146(c) she is not entitled to SIBs for the 11th quarter.
The claimant appealed, arguing essentially that hearing officer’s determinations are not supported by sufficient evidence and are so contrary to the great weight and preponderance of the evidence as to be manifestly unjust for the 6th, 7th, 8th, 9th and 10th SIBs quarters. The claimant also appeals the hearing officer’s determination that the claimant has permanently lost entitlement to additional income benefits. The respondent (self-insured employer) did not file a response to the claimant’s appeal.
DECISION
Affirmed.
The parties stipulated that the claimant did not seek employment during the qualifying period for each of the quarters at issue, and that the claimant did not seek the assistance of the Texas Rehabilitation Commission during the qualifying periods for any of the quarters at issue. The claimant did not testify and the case was decided on medical evidence only. The qualifying periods were from July 11, 1999, through October 7, 2000, for the end of the 10th quarter qualifying period.
The evidence sufficiently supports the hearing officer’s determinations that the claimant was not entitled to SIBS for the 6th, 7th, 8th, 9th and 10th quarters. The hearing officer determined that the claimant did not satisfy the good faith effort requirement pursuant to Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(3) (Rule 130.102(d)(3)) or Rule 130.102(d)(4), as applicable, which provides that an injured employee has made a good faith effort to obtain employment commensurate with the employee’s ability to work if the employee “has been unable to perform any type of work in any capacity, has provided a narrative report from a doctor which specifically explains how the injury causes a total inability to work, and no other records show that the injured employee is able to return to work.” The hearing officer determined “that the medical records show by preponderance that the Claimant was able to work in a sedentary capacity during the qualifying period for the [6th, 7th, 8th, 9th and 10th quarters and that] no medical narrative in evidence explains with specificity why the impairment from the claimant’s compensable injury prevents him from working, and other medical records in evidence show an ability to work.” Although the claimant has had three spinal surgeries the claimant’s treating doctor wrote that the claimant is “not able to hold any meaningful employment of even the most sedentary degree, except perhaps as a ticket taker sitting at a theater or some similar occupation.” A medical report dated February 27, 2001, from another doctor states that the claimant “had an ability to performed [sic] sedentary only activities from 07/11/1999 until 10/16/2000, as the patient was not undergoing therapy and was in a stable condition.”
The evidence sufficiently supports the hearing officer’s determination that the claimant has permanently lost entitlement to SIBs. Section 408.146(c) provides that an employee who is not entitled to SIBs for 12 consecutive months ceases to be entitled to any additional income benefits for the compensable injury. Having affirmed findings of non-entitlement to five quarters of SIBs, we find no error in the hearing officer’s further determination that the claimant has permanently lost entitlement to SIBs.
It is the hearing officer, as the sole judge of the weight and credibility of the evidence (Section 410.165(a)), who resolves the conflicts and inconsistencies in the evidence (Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ)), and determines what facts have been established from the conflicting evidence. St. Paul Fire & Marine Insurance Company v. Escalera, 385 S.W.2d 477 (Tex. Civ. App.-San Antonio 1964, writ ref’d n.r.e.). This is equally true of medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). The Appeals Panel will not disturb the challenged factual findings of a hearing officer unless they are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust and we do not find them so in this case. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986); In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).
The decision and order of the hearing officer are affirmed.
The true corporate name of the insurance self-insured employer is (SELF-INSURED) and the name and address of its registered agent for service of process is
CT CORP. SYSTEM
350 N. ST. PAUL STREET
DALLAS, TEXAS 75201.
Thomas A. Knapp – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Elaine M. Chaney – Appeals Judge