Title: 

APD 020313

Significant Decision

Date: 

April 1, 2002

Issues: 

SIBS-9th & Subsequent Quarters

Table of Contents

APD 020313

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 January 15, 2002. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the 11th quarter, from September 4, 2001, through December 3, 2001.

The claimant has appealed, contending that the hearing officer’s determination is against the great weight and preponderance of the evidence. She argues that she did not list all of her job contacts because she was told three per week was enough and has in fact looked for work daily. There is no response contained in our file from the respondent (carrier).

DECISION

We affirm the hearing officer’s decision.

With respect to the issues at the CCH, there is sufficient evidence to support the hearing officer’s determination that the claimant was not entitled to SIBs and did not make a good faith search for employment. The hearing officer has summarized the pertinent facts. The essence of the appeal is that the claimant disagrees with the hearing officer’s determination that she did not make a good faith effort to obtain employment commensurate with her ability to work. The matters raised by the claimant involve fact and credibility issues which were for the hearing officer to resolve. The hearing officer had to evaluate listed contacts in light of the requirements of Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d) and (e) (Rule 103.102(d) and (e)). We have reviewed the hearing officer’s determination and we conclude that it 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).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is STATE OFFICE OF RISK MANAGEMENT (a self-insured governmental entity) and the name and address of its registered agent for service of process is

For service in person the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

300 W. 15TH STREET

WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR

AUSTIN, TEXAS 78701.

For service by mail the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

THE STATE OFFICE OF RISK MANAGEMENT

P.O. BOX 13777

AUSTIN, TEXAS 78711-3777.

Susan M. Kelley – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Edward Vilano – Appeals Judge