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 November 9, 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, and he argued that the Texas Workers’ Compensation Commission (Commission) failed to forward the requisite documents and other required data necessary for the claimant to apply for SIBs for the first quarter. The respondent (carrier) responded, requesting affirmance.
DECISION
The hearing officer’s decision is affirmed.
Unfortunately, this is a case of the claimant’s lack of awareness of the eligibility requirements for SIBs. Even though the Commission apparently failed to provide the information to the claimant, claimant’s “ignorance” of the requirements is no excuse under the law, and the claimant was still required to prove his eligibility for SIBs for the first quarter.
The claimant proceeded under a total inability to work theory. The hearing officer found that during the qualifying period for the first SIBs quarter, the claimant was capable of performing some type of work, that the claimant provided no narrative sufficient to show his inability to work during the qualifying period, that there was an other record, that a functional capacity evaluation showing that the claimant could perform some kind of work, and that he did not attempt in good faith to obtain employment commensurate with his ability to work. 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:
Robert E. Lang
Appeals Panel
Manager/Judge
Michael B. McShane – Appeals Judge