Title: 

APD 021535

Significant Decision

Date: 

July 30, 2002

Issues: 

Reimbursement For Med/Travel, SIBS-6th Quarter

Table of Contents

APD 021535

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 June 3, 2002. The appellant (claimant) appeals the hearing officer’s determinations that the claimant is not entitled to supplemental income benefits (SIBs) for the sixth quarter and that the claimant is not entitled to reimbursement of travel expenses for medical treatment in the amount of $401.17. The respondent (self-insured) responds, urging affirmance.

DECISION

Affirmed.

SIXTH QUARTER SIBs

The hearing officer stated that there was an “other record” which showed an ability to work in this case, even though the claimant had also supplied a supporting narrative showing an inability to work for the SIBs qualifying period at issue. Whether an “other record” shows an ability to work is a fact determination made by the hearing officer, which we will not disturb absent a great weight and preponderance of the evidence against that determination. In re King’s Estate, 150 Tex. 662, 244 S.W.2d 660 (1951). We have reviewed the record in this case and do not agree that the determination of the hearing officer on this point is reversible.

REIMBURSEMENT FOR TRAVEL EXPENSES

As for the claimant’s request for reimbursement for travel expenses, the claimant had the burden to prove that her requests for travel expense reimbursements were reasonable and necessary and met the requirements of the applicable version of Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 134.6 (Rule 134.6). Texas Workers’ Compensation Commission Appeal No. 010805, decided June 4, 2001. The hearing officer did not err in her application of Rule 134.6, and her decision is not against the great weight and preponderance of the evidence. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

Accordingly, we affirm the hearing officer’s decision and order on both appealed points.

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

JA

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Roy L. Warren – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Gary L. Kilgore – Appeals Judge