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 27, 2001. The hearing officer determined that the respondent/cross-appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the first through fourth compensable quarters and that the appellant/cross-respondent (self-insured) is relieved of liability for second and third quarter SIBs because of the claimant’s failure to timely file an Application for [SIBs] (TWCC-52). In its appeal, the self-insured requests that the concluding paragraph of the decision be reformed to include, as reflected in the findings of fact and conclusions of law, that the claimant is not entitled to fourth quarter SIBs. The claimant urges on appeal that the hearing officer erred in determining that she is not entitled to SIBs for the four quarters in question and that the carrier is relieved from liability because of the claimant’s failure to timely file a TWCC-52.
DECISION
Affirmed as reformed.
The matters complained of by the claimant concern credibility and fact issues, which were for the hearing officer to resolve. Section 410.165(a) provides that the contested case hearing officer, as finder of fact, is the sole judge of the relevance and materiality of the evidence as well as of the weight and credibility that is to be given the evidence. We have reviewed the complained-of determinations and we conclude that they 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).
As the self-insured points out, the fourth quarter was inadvertently not addressed in the concluding paragraph of the decision. Because the findings of fact and conclusions of law reflect that the hearing officer determined that the claimant is not entitled to fourth quarter SIBs, we reform the decision to include this information in the section entitled “DECISION.”
The decision and order of the hearing are affirmed as reformed.
The true corporate name of the carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
PD
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Chris Cowan – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge