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 29, 2002. The hearing officer determined that the respondent (claimant) is entitled to supplemental income benefits (SIBs) for the first quarter. The appellant (carrier) appealed and the claimant responded, urging affirmance.
DECISION
Affirmed.
The hearing officer did not err in determining that the claimant is entitled to SIBs for the first quarter because he returned to work in a position that is relatively equal to his ability to work. The claimant testified, and the evidence reflected, that he obtained a job during the qualifying period for the first quarter of SIBs. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(1) (Rule 130.102(d)(1)) provides in relevant part that an injured employee has satisfied the good faith requirement for entitlement to SIBs if the employee has returned to work in a position which is relatively equal to the injured employee’s ability to work. Whether or not the position the claimant obtained is relatively equal to his ability to work presented a factual question for the hearing officer to resolve. Nothing in our review of the record indicates that the hearing officer’s determination is 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 SERVICE LLOYDS INSURANCE COMPANY and the name and address of its registered agent for service of process is
JOSEPH KELLY-GRAY, PRESIDENT
6907 CAPITOL OF TEXAS HIGHWAY NORTH
AUSTIN, TEXAS 78755.
Daniel R. Barry – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge