Title: 

APD 013145

Significant Decision

Date: 

February 4, 2002

Issues: 

SIBS-7th Quarter

Table of Contents

APD 013145

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 29, 2001. The hearing officer resolved the issues before her by determining that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the seventh and eighth quarters and that his _____________, compensable right knee injury extends to and includes depression and/or the lumbar spine. Claimant appealed the hearing officer’s determination that he is not entitled to SIBs for the seventh and eighth quarters on sufficiency grounds. The respondent (carrier) responded, urging affirmance. Neither party appealed the hearing officer’s determination that the compensable injury extends to and includes depression and/or the lumbar spine. Therefore, that determination has become final. Section 410.169.

DECISION

We affirm.

We have reviewed the complained-of determinations regarding SIBs and good faith and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer found that claimant did not provide a sufficient narrative that explains why the compensable injury caused a total inability to work, as required. See Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)).[1] We conclude that the hearing officer’s determinations 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). See also Texas Workers’ Compensation Commission Appeal No. 010207, decided March 8, 2001; Texas Workers’ Compensation Commission Appeal No. 000911, decided June 7, 2000.

The hearing officer’s decision and order are affirmed.

According to information provided by carrier, the true corporate name of the insurance carrier is THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Terri Kay Oliver – Appeals Judge

Robert W. Potts – Appeals Judge

  1. The hearing officer’s statement, in the discussion portion of the decision, that claimant is unable to perform any work is untenable given the hearing officer’s other findings. However, we perceive no reversible error after reviewing the record and decision as a whole.