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 16, 2001. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the first quarter. Claimant appealed this determination on sufficiency grounds, contending that he had no ability to work. 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 regarding ability to work, good faith, and SIBs, 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 and did find that claimant did not meet his burden to prove that he had no ability to work during the qualifying period in question. 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).
Claimant next complains that the ombudsman asked him to “hold off” on offering certain exhibits, and now attaches them to his brief for the first time on appeal. At the hearing, the hearing officer advised claimant that the ombudsman is not a lawyer and that he was there merely to assist claimant, and claimant said that he understood. It was claimant’s responsibility to be sure that all exhibits he wanted in evidence were offered into evidence. Claimant has not demonstrated grounds for reversal. In addition, we decline to consider the evidence offered for the first time on appeal because the attached exhibits do not meet the requirements for consideration. See Texas Workers’ Compensation Commission Appeal No. 93111, decided March 29, 1993; Black v. Wills, 758 S.W.2d 809 (Tex. App.-Dallas 1988, no writ).
We affirm the hearing officer’s decision and order.
According to information provided by carrier, the true corporate name of the insurance carrier is TRAVELERS INDEMNITY COMPANY OF CONNECTICUT 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 – Appeals Judge
CONCUR:
Michael B. McShane – Appeals Judge
Robert W. Potts – Appeals Judge