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APD 041804
September 13, 2004

APD 041804

September 13, 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 30, 2004. The hearing officer determined that respondent (claimant herein) is entitled to supplemental income benefits (SIBs) for the second quarter, but that appellant self-insured (carrier herein) is “relieved from paying second quarter [SIBs] from January 22, 2004, through March 17, 2004, because Claimant filed an untimely application for such benefits.” The hearing officer also determined that claimant’s ______________, compensable injury includes: “1. spinal stenosis; 2. L3-L4 mild foraminal spinal stenosis; 3. T11-T12 degenerative disc disease; 4. L5-S1 disc bulge with spondylolisthesis; and 5. L5-S1 spinal stenosis.” Carrier appealed the determinations regarding extent of injury, good faith, and SIBs entitlement on sufficiency grounds. Claimant responded that the hearing officer did not err in making his determinations.


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. 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 certified self-inured) and the name and address of its registered agent for service of process is




Judy L. S. Barnes


Elaine M. Chaney
Appeals Judge

Gary L. Kilgore
Appeals Judge