This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). Following a contested case hearing held on October 24, 2001, the hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the first quarter. The claimant has requested our review of the adverse SIBs entitlement determination. There is no response from the respondent (carrier) contained in our file.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant is not entitled to SIBs for the first quarter. The claimant contended that during the first quarter qualifying period, May 1 through July 30, 2001, he had no ability to work; that his doctor had him off work and prescribed medication for him; and that he had two failed back surgeries for his lumbar spine. Section 408.142 provides, among other things, that to be entitled to SIBs the employee must have attempted in good faith to obtain employment commensurate with the employee’s ability to work. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)) provides that an 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[.]”
As for the requirements of Rule 130.102(d)(4), the claimant did not identify at the hearing any report of his treating doctor or any other doctor which he felt satisfied the requirement for a narrative report specifically explaining how the injury causes a total inability to work. Further, the carrier introduced a doctor’s report of September 24, 2001, reflecting that the claimant could perform work with restrictions.
We are satisfied that the challenged determination of the hearing officer 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); 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 carrier is COLONIAL CASUALTY INSURANCE COMPANY and the name and address of its registered agent for service of process is
MR. WILLIAM HAILES
12580 SPURLING DR., SUITE 250
DALLAS, TEXAS 75230.
Philip F. O’Neill – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Gary L. Kilgore – Appeals Judge