Title: 

APD 032405

Significant Decision

Date: 

October 30, 2003

Issues: 

SIBS-8th Quarter

Table of Contents

APD 032405

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 19, 2003. The hearing officer determined that respondent (claimant herein) is entitled to supplemental income benefits for the eighth quarter. Appellant self-insured (carrier herein) appealed this determination on sufficiency grounds. The file does not contain a response from claimant.

DECISION

We affirm.

We have reviewed the complained-of determinations regarding good faith and whether claimant satisfactorily participated in a full-time vocational rehabilitation program sponsored by the Texas Rehabilitation Commission (TRC) during the qualifying period. We 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 could, and did, find that claimant satisfactorily participated in a TRC program. See Texas Workers’ Compensation Commission Appeal No. 031749, decided August 20, 2003. 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). The hearing officer could also find from the evidence that claimant’s individualized plan for employment was amended to call for claimant to take nine hours per semester. We note that any misstatement of the evidence regarding whether claimant’s TRC counselor preapproved the dropping of a course does not amount to reversible error.

We affirm the hearing officer’s decision and order.

The true corporate name of the insurance carrier is STATE OFFICE OF RISK MANAGEMENT (a self-insured governmental entity) and the name and address of its registered agent for service of process is

For service in person the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

300 W. 15TH STREET

WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR

AUSTIN, TEXAS 78701.

For service by mail the address is:

RON JOSSELET, EXECUTIVE DIRECTOR

STATE OFFICE OF RISK MANAGEMENT

P.O. BOX 13777

AUSTIN, TEXAS 78711-3777.

Judy L. S. Barnes

CONCUR:

Robert W. Potts – Appeals Judge

CONCUR IN THE RESULT:

Thomas A. Knapp – Appeals Judge