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 August 23, 2001. The hearing officer resolved the disputed issues by concluding that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the second quarter. Claimant appeals, arguing that the findings and conclusions are against the great weight and preponderance of the evidence. Respondent self-insured (carrier herein) replies, urging that the fact findings and conclusions asserted as erroneous by claimant are supported by sufficient evidence.
DECISION
We affirm.
We have reviewed the complained-of determination regarding good faith and conclude that the issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. There was evidence to support the hearing officer’s determination that claimant had some ability to work during the qualifying period. Because claimant did not look for work every week of the qualifying period, we conclude that the hearing officer’s determination is 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). Accordingly, the hearing officer did not err in determining that claimant is not entitled to SIBs.
We affirm the hearing officer’s decision and order.
The true corporate name of the insurance carrier is (CARRIER) and the name and address of its registered agent for service of process is
KAYE STRIPLING
3830 RICHMOND
HOUSTON, TEXAS 77027.
Judy L. S. Barnes – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Robert W. Potts – Appeals Judge