Title: 

APD 021522

Significant Decision

Date: 

August 1, 2002

Issues: 

SIBS-9th & Subsequent Quarters

Table of Contents

APD 021522

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 May 30, 2002. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits for the 14th and 15th quarters. Claimant appealed, contending that he had no ability to work during the filing periods in question. Respondent self-insured (carrier herein) responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We affirm.

We have reviewed the complained-of determination and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. Although claimant’s doctor stated that the claimant had no ability to work, the hearing officer could find from the record that other records showed an ability to work during the filing periods in question. We conclude that the hearing officer’s determination 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).

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is self-insured and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL

SUITE 2900

AUSTIN, TEXAS 75201.

Judy L. S. Barnes

CONCUR:

Elaine M. Chaney – Appeals Judge

Robert W. Potts – Appeals Judge