Title: 

APD 021710

Significant Decision

Date: 

August 23, 2002

Issues: 

SIBS-9th & Subsequent Quarters

Table of Contents

APD 021710

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 June 11, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) is entitled to supplemental income benefits (SIBs) for the 20th and 21st quarters. The appellant (carrier) appealed. No response was received from the claimant.

DECISION

The hearing officer’s decision is affirmed.

Sections 408.142 and 408.143 set forth the requirements for SIBs entitlement. Section 408.151(b) is the SIBs designated doctor provision. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE §§ 130.100 through 130.110 (Rules 130.100 through 130.110) are the administrative rules relating to SIBs. The issues of the claimant’s entitlement to SIBs for the quarters in issue presented factual questions for the hearing officer to resolve from the evidence presented at the CCH. The hearing officer is the sole judge of the weight and credibility of the evidence. Section 410.165(a). As the finder of fact, the hearing officer resolves the conflicts in the evidence and determines what facts have been established. We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175 (Tex. 1986).

The hearing officer’s decision and order are affirmed.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS, SUITE 750, COMMODORE 1

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Gary L. Kilgore – Appeals Judge