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 25, 2001. With respect to the single issue before her, the hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the first quarter.In her appeal, the claimant contends that the hearing officer’s SIBs determination is against the great weight of the evidence. In its response, the respondent (carrier) urges affirmance.
DECISION
Affirmed.
At issue in this case is whether the claimant satisfied the good faith requirement for SIBs entitlement by establishing that she had no ability to work during the qualifying period corresponding to the first quarter pursuant to Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)), or by enrolling in and satisfactorily participating in a full-time vocational rehabilitation program sponsored by the Texas Rehabilitation Commission in accordance with Rule 130.102(d)(2). The hearing officer determined that the claimant failed to meet her burden of proof under either Rule 130.102(d)(2) or 130.102(d)(4). Nothing in our review of the record reveals that the hearing officer’s determinations in that regard are so against the great weight of the evidence as to be clearly wrong or manifestly unjust. Accordingly, no sound basis exists for us to reverse those determinations, or the determination that the claimant is not entitled to SIBs for the first quarter, on appeal. Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex. 1986); Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).
The hearing officer’s decision and order are affirmed.
The true corporate name of the carrier is SENTRY INSURANCE A MUTUAL COMPANY and the name and address of its registered agent for service of process is
GAIL L. ESTES
1525 NORTH IH-35, SUITE 220
CARROLLTON, TEXAS 75006.
Elaine M. Chaney – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge