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 11, 2001. The hearing officer resolved the disputed issue by deciding that the appellant (claimant) was not entitled to supplemental income benefits (SIBs) for the first compensable quarter, June 11, 2001, through September 9, 2001. The claimant appealed the hearing officer’s determination on sufficiency grounds. The respondent (carrier) responded, requesting affirmance.
DECISION
The hearing officer’s decision is affirmed.
The hearing officer did not err in determining that the claimant was not entitled to SIBs for the first compensable quarter. The claimant proceeded under alternative theories of a total inability to work or compliance with seeking employment commensurate with his determined “sedentary” ability to work. The hearing officer found that during the qualifying period for the first SIBs quarter, the claimant was capable of performing sedentary work; that the claimant provided no narrative sufficient to show his inability to work during the qualifying period; that an “other” record showed that the claimant could perform sedentary work; that the claimant failed to cooperate with the Texas Rehabilitation Commission; and, that the claimant did not attempt in good faith to obtain employment commensurate with his ability to work. See, Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102 (Rule 130.102) (general eligibility requirements) and Rule 130.102(d) and (e) (specific “good faith effort” requirements).
The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer’s decision is supported by sufficient evidence and is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. 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 insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750, COMMODORE I
AUSTIN, TEXAS 78701.
Terri Kay Oliver – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Michael B. McShane – Appeals Judge