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APD 041699
August 18, 2004

APD 041699

August 18, 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 14, 2004. The hearing officer determined that the respondent (claimant herein) was entitled to supplemental income benefits (SIBs) for the eighth quarter. The appellant (carrier herein) files a request for review in which it argues that the decision of the hearing officer should be reversed, and the claimant responds, requesting affirmance.


Finding sufficient evidence to support the decision of the hearing officer and no reversible error in the record, we affirm the decision and order of the hearing officer.

Eligibility criteria for SIBs entitlement are set forth in Section 408.142(a) and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 130.102 (Rule 130.102). The SIBs criterion in issue is whether the claimant made a good faith effort to obtain employment commensurate with his ability to work during the qualifying period for the eighth quarter. The claimant asserted that he had no ability to work due to his compensable injury and that he sought employment in good faith during each week of the qualifying period. The hearing officer found that the claimant was entitled to SIBs for the eighth quarter because the claimant was unable to work and met the requirements of Rule 130.102(d)(4), and because the claimant made a good faith effort to seek employment during the qualifying period. Whether a claimant satisfied the good faith requirement for SIBs entitlement is a factual question for the hearing officer to resolve. Texas Workers' Compensation Commission Appeal No. 94150, decided March 22, 1994. The hearing officer is the sole judge of the relevance, materiality, weight, and credibility of the evidence presented at the hearing (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence. Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ). We conclude that the hearing officer’s decision is supported by sufficient evidence and that it is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

The decision and order of the hearing officer are affirmed.

The true corporate name of the insurance carrier is INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA and the name and address of its registered agent for service of process is




Gary L. Kilgore
Appeals Judge


Judy L. S. Barnes
Appeals Judge

Edward Vilano
Appeals Judge