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APD 041668
August 24, 2004

APD 041668

August 24, 2004

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 8, 2004. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the 11th quarter. The claimant appeals, asserting entitlement on the basis of “no ability to work.” The respondent (self-insured) urges affirmance.



The hearing officer did not err in determining that the claimant is not entitled to 11th quarter SIBs. Section 408.142 and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102 (Rule 130.102) establish the requirements for entitlement to SIBs. Rule 130.102(d)(4), applicable here, provides that an injured employee has made a good faith effort to obtain employment commensurate with her ability to work if the employee has been unable to perform any type of work in any capacity, has provided a narrative report from a doctor which specifically explains how the compensable injury causes a total inability to work, and no other records show that the injured employee is able to return to work. It was for the hearing officer, as the trier of fact, to resolve the conflicts and inconsistencies in the evidence and to determine what facts had been established. Garza v. Commercial Insurance Company of Newark, New Jersey, 508 S.W.2d 701 (Tex. Civ. App.-Amarillo 1974, no writ). The hearing officer did not believe the claimant’s narrative report to be credible and found that the claimant’s inability to work was “not in any manner caused by her compensable injury.” The hearing officer’s determination 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 (Tex. 1986).

The decision and order of the hearing officer is affirmed.

The true corporate name of the insurance carrier is a governmental entity that self-insures, either individually, or collectively through the Texas Association of School Boards Risk Management Fund and the name and address of its registered agent for service of process is




Edward Vilano
Appeals Judge


Judy L. S. Barnes
Appeals Judge

Chris Cowan
Appeals Judge