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 October 8, 2001. The hearing officer determined that appellant (claimant) did not establish that he had no ability to work. The hearing officer concluded that claimant is not entitled to supplemental income benefits (SIBs) for the third quarter. Claimant appealed these determinations on sufficiency grounds. Respondent (carrier) responded that the Appeals Panel should affirm the hearing officer’s decision and order.
DECISION
We affirm.
Claimant contends that the hearing officer erred in determining that he had some ability to work and that he is not entitled to SIBs. However, claimant had the burden to prove that he had no ability to work during the qualifying period, and he was required to produce a narrative from a doctor that specifically explains how the injury causes a total inability to work. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)). The hearing officer determined that claimant did not provide an adequate narrative with such a specific explanation.[1] We have reviewed the complained-of determinations regarding claimant’s ability to work and SIBs entitlement 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 affirm the hearing officer’s decision and order.
According to information provided by carrier, the true corporate name of the insurance carrier is LIBERTY MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
C. T. CORPORATION SYSTEMS
350 N. ST. PAUL STREET
DALLAS, TEXAS 75201.
Judy L. S. Barnes
CONCUR:
Susan M. Kelley – Appeals Judge
Philip F. O’Neill – Appeals Judge
- The hearing officer did not make a finding regarding whether another record shows claimant was able to return work. ↑