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 23, 2001. The hearing officer determined that the respondent (claimant) was entitled to supplemental income benefits (SIBs) for the first and second quarters and not entitled to SIBs for the third and fourth quarters.
The appellant (carrier) appeals the hearing officer’s findings that the claimant’s unemployment was a direct result of his compensable injury for all four quarters and appeals the hearing officer’s decision on entitlement to SIBs for the first and second quarters on the basis that the claimant’s unemployment was due to paralysis and speech difficulties due to an intervening stroke. The file does not contain either an appeal or response from the claimant.
DECISION
Affirmed.
Eligibility criteria for SIBs entitlement are set forth in Section 408.142(a) and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102 (Rule 130.102). Rule 130.102(b) provides that an injured employee who has an impairment rating of 15% or greater, and who has not commuted any impairment income benefits, is eligible to receive SIBs if, during the qualifying period, the employee: (1) has earned less than 80% of the employee’s average weekly wage as a direct result of the impairment from the compensable injury; and (2) has made a good faith effort to obtain employment commensurate with the employee’s ability to work.
We have carefully reviewed the record, including the various medical reports and the complained-of determinations, and conclude that the hearing officer’s decision is supported by sufficient evidence. Nor do we find that Texas Workers’ Compensation Commission Appeal No. 012167, decided October 11, 2001, to be controlling in this case. 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).
Accordingly, the hearing officer’s decision and order are affirmed.
The true corporate name of the insurance carrier is SAFECO INSURANCE COMPANY OF AMERICA and the name and address of its registered agent for service of process is
LINDA LEWIS
1600 NORTH COLLINS BLVD., STE. 300
RICHARDSON, TEXAS 75080.
Thomas A. Knapp – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge