Title: 

APD 031849

Significant Decision

Date: 

August 25, 2003

Issues: 

SIBS-5th Quarter, SIBS-6th Quarter, SIBS-7th Quarter

Table of Contents

APD 031849

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 16, 2003. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the fifth, sixth, and seventh quarters. Claimant appealed the determinations regarding good faith and SIBs entitlement 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. Claimant contends that she looked for work and made the best effort that she could. However, claimant was required to comply with the applicable rule regarding good faith. See Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102(d)(4) (Rule 130.102(d)(4)). There was evidence that claimant did not make a weekly job search and the hearing officer could find from the evidence that there was no adequate narrative in this case. Even if no doctor said claimant could work, claimant was still required to provide a narrative report from a doctor that specifically explains how the compensable injury causes a total inability to work. The hearing officer reviewed the record and decided what facts were established. 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 WAUSAU BUSINESS INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEMS

350 NORTH ST. PAUL, SUITE 2900

DALLAS, TEXAS 75201.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Veronica L. Ruberto – Appeals Judge

Margaret L. Turner – Appeals Judge