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APD 042089
October 15, 2004

APD 042089

October 15, 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 July 26, 2004. The hearing officer determined that respondent (claimant) is entitled to supplemental income benefits (SIBs) for the eighth quarter. Appellant (carrier) appealed the determinations regarding good faith, direct result, and SIBs entitlement on sufficiency grounds. Claimant responded that the hearing officer did not err in making her 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. The hearing officer reviewed the evidence about claimant’s representations in his 2004 Application for [SIBs] (TWCC-52) and in his application for social security benefits back in 1999 and decided if any inconsistencies were relevant to the issues before her. The hearing officer also reviewed the evidence regarding claimant’s need for rehabilitation services, whether he attended classes, and whether claimant was satisfactorily participating in his full-time vocational rehabilitation program and made her determinations in that regard. See Tex. W.C. Comm'n, 28 TEX. ADMIN. CODE 130.102(d)(2) (Rule 130.102(d)(2)). 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 TWIN CITY FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is




Judy L. S. Barnes


Thomas A. Knapp
Appeals Judge

Margaret L. Turner
Appeals Judge