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APD 042581
November 29, 2004

APD 042581

November 29, 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 September 14, 2004. The hearing officer determined that appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the eighth and ninth quarters. Claimant appealed the determinations regarding good faith and SIBs entitlement, contending that the evidence shows he is entitled to SIBs. Respondent (carrier) responded that the hearing officer did not err in making his determinations.


We affirm.

Claimant attached an Application for SIBs (TWCC-52) and a report from Dr. V to his appeal. These documents were not admitted at the hearing. Documents submitted for the first time on appeal are generally not considered unless they constitute admissible, newly discovered evidence. We conclude that these attachments to claimant's appeal do not meet the requirements of newly discovered evidence necessary to warrant a remand. Having reviewed the documents, we conclude that admission on remand would not result in a different decision. Texas Workers' Compensation Commission Appeal No. 93111, decided March 29, 1993; Black v. Wills, 758 S.W.2d 809 (Tex. App.-Dallas 1988, no writ).

We have reviewed the complained-of determinations regarding good faith and SIBs entitlement 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). After considering claimant’s contentions in his brief, we perceive no reversible error.

We affirm the hearing officer’s decision and order.

According to information provided by carrier, 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




Judy L. S. Barnes


Gary L. Kilgore
Appeals Judge

Thomas A. Knapp
Appeals Judge