Title: 

APD 030339

Significant Decision

Date: 

March 21, 2003

Issues: 

SIBS-First Quarter

Table of Contents

APD 030339

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 January 9, 2003. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the first quarter. Claimant appealed the determinations regarding SIBs entitlement and good faith on sufficiency grounds. 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 determinations and conclude that the issues involved fact questions for the hearing officer. The hearing officer reviewed the record and decided what facts were established. The hearing officer could find from the evidence that there was no narrative report from a doctor which specifically explains how the claimant’s injury caused a total inability to work. We conclude that the hearing officer’s determinations are supported by the record and are 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 AMERICAN MOTORISTS INSURANCE COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Judy L. S. Barnes

CONCUR:

Daniel R. Barry – Appeals Judge

Thomas A. Knapp – Appeals Judge