Title: 

APD 040500

Significant Decision

Date: 

April 26, 2004

Issues: 

SIBS-6th Quarter, SIBS-7th Quarter, SIBS-8th Quarter, SIBS-9th & Subsequent Quarters

Table of Contents

APD 040500

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 February 10, 2004. The hearing officer determined that respondent (claimant herein) is entitled to supplemental income benefits (SIBs) for the sixth through ninth quarters. Appellant self-insured (carrier herein) appealed the determinations regarding good faith and SIBs entitlement contending that the hearing officer misapplied the law regarding good faith. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order. The hearing officer’s determinations regarding direct result were not appealed.

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 apparently believed that claimant could work only part time and that Dr. E was restricting claimant to part-time 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 (a self-insured governmental entity) and the name and address of its registered agent for service of process is

DP

(ADDRESS)

(CITY), TEXAS (ZIP CODE).

Judy L. S. Barnes

CONCUR:

Chris Cowan – Appeals Judge

Edward Vilano – Appeals Judge