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APD 042329
November 3, 2004

APD 042329

November 3, 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 August 24, 2004. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the second quarter. The claimant appeals this determination, asserting that he made a good faith effort to obtain employment commensurate with his ability to work and ultimately obtained a job attending cattle. The respondent (carrier) urges affirmance.



The hearing officer did not err in determining that the claimant is not entitled to second 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. At issue was whether the claimant made a good faith effort to obtain employment commensurate with his ability to work during the qualifying period from February 11, 2004, through May 11, 2004. 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 found that the claimant had some ability to work and failed to document a job search each week of the qualifying period. Additionally, the evidence shows that the claimant did not begin work attending cattle until May 15, 2004, after the second quarter qualifying period. In view of the applicable law and the evidence presented, we cannot conclude that the hearing officer’s determination is 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 TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is



AUSTIN, TEXAS 78701-3403.

Edward Vilano


Gary L. Kilgore
Appeals Judge

Thomas A. Knapp
Appeals Judge