This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on November 19, 2001. The hearing officer determined that the appellant (claimant) was not entitled to supplemental income benefits (SIBs) for the 17th quarter.
The claimant appealed, basically reiterating her “pattern of searching” and that she had conducted some 51 job search efforts “and documented each search every week.” The respondent (carrier) responds, urging affirmance.
DECISION
Affirmed.
Sections 408.142 and 408.143 and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102 (Rule 130.102) provide that an employee continues to be entitled to SIBs after the first compensable quarter if the employee (1) has not returned to work or has earned less than 80% of her average weekly wage as a direct result of the impairment, and (2) has in good faith sought employment commensurate with her ability to work.
The parties stipulated to the statutory requirements regarding the impairment rating and noncommutation of impairment income benefits and that the applicable qualifying period was from May 25 through August 23, 2001. The claimant has a compensable right carpal tunnel syndrome injury and the Application for [SIBs] (TWCC-52) she submitted shows 51 job contacts during the qualifying period. At issue is whether the claimant, in good faith, sought employment commensurate with her ability to work.
Rule 130.102(e) provides that an injured employee shall look for employment commensurate with his or her ability to work every week of the qualifying period and document his or her job search efforts. The Appeals Panel has held that the documentation requirement of Rule 130.102(e) is mandatory and undocumented employment contacts may not be considered in arriving at the good faith determination. Texas Workers’ Compensation Commission Appeal No. 000505, decided April 20, 2000. A careful review of the record reveals no documentary evidence of a job search by the claimant for the fourth week (June 15 through June 21, 2001) of the qualifying period. In addition to the fact that the claimant failed to document a job search each week of the qualifying period, we further note the hearing officer’s comment at the CCH that “just because one documents a weekly job search doesn’t mean one has proven a good fait…..ffort.” The hearing officer’s determination that the claimant is not entitled to SIBs for the 17th quarter is 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 AMERICAN MANUFACTURERS MUTUAL CASUALTY COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, COMMODORE 1, SUITE 750
AUSTIN, TEXAS 78701.
Thomas A. Knapp – Appeals Judge
CONCUR:
Chris Cowan – Appeals Judge
Robert W. Potts – Appeals Judge