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At a Glance:
Title:
APD 020049
Date:
February 14, 2002

APD 020049

February 14, 2002

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 December 12, 2001. In resolving the issue before her, the hearing officer determined that the appellant/cross-respondent (claimant) was not entitled to supplemental income benefits (SIBs) for the fourth compensable quarter, August 24 through November 22, 2001, because he did not make a good faith job search during the qualifying period, May 12 through August 10, 2001. The claimant appealed on sufficiency grounds and the respondent/cross-appellant (carrier) responded. In addition, the carrier appealed the hearing officer’s finding that the claimant’s unemployment during the qualifying period was a direct result of his compensable injury.[1] There is no response from the claimant in the appeals file.

DECISION

Affirmed.

The hearing officer did not err in making the determination that the claimant was not entitled to SIBs for the fourth quarter. Nor did the hearing officer err in finding that the claimant’s unemployment was a direct result of his compensable injury. Eligibility criteria for SIBs entitlement are set forth in Section 408.142(a) and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102 (Rule 130.102). The parties presented conflicting evidence on the issue, and on the predicate matter of “direct result.” We have reviewed the issue and conclude that it involved fact questions for the hearing officer. The hearing officer resolved the ultimate question of SIBs eligibility in favor of the carrier. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). The hearing officer reviewed the record and resolved what facts were established. We conclude that the hearing officer’s determination is sufficiently supported by the record and 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); Texas Workers’ Compensation Commission Appeal No. 001360, decided July 27, 2000.

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is

CORPORATION SERVICES INCORPORATED

800 BRAZOS, SUITE 750

AUSTIN, TEXAS 78701.

Terri Kay Oliver
Appeals Judge

CONCUR:

Judy L. S. Barnes
Appeals Judge

Susan M. Kelley
Appeals Judge

  1. The parties stipulated to the claimant’s compensable injury, the SIBs prerequisites, and the time periods for the fourth quarter and the qualifying period.

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