Title: 

APD 022412

Significant Decision

Date: 

October 24, 2002

Issues: 

SIBS-9th & Subsequent Quarters

Table of Contents

APD 022412

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 August 27, 2002. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the 17th quarter. Claimant appealed that determination on sufficiency grounds, contending that she had no ability to work. Respondent (carrier) 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 issue involved a fact question for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer determined that claimant did not provide an adequate narrative. The hearing officer could find that, although claimant’s doctor said she could not work, there was no medical narrative report from a doctor that specifically explained why claimant could not perform even part-time, sedentary work as required by Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)). We conclude that the hearing officer’s determination is supported by the record and 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). There is nothing in the record to indicate that the hearing officer failed to consider all the evidence.

We affirm the hearing officer’s decision and order.

According to information provided by carrier, the true corporate name of the insurance carrier is INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is

WILLIAM PARNELL

8144 WALNUT HILL LANE, SUITE 1600

DALLAS, TEXAS 75231.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Thomas A. Knapp – Appeals Judge