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At a Glance:
Title:
APD 161904
Date:
November 16, 2016

APD 161904

November 16, 2016

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 25, 2016, in (city), Texas, with (hearing officer) presiding as hearing officer. The hearing officer resolved the sole disputed issue by deciding that the respondent (claimant) is entitled to supplemental income benefits (SIBs) for the first quarter. The appellant (carrier) filed a Request for Correction of Clerical Error noting that the hearing officer mistakenly identified the beginning date of the first quarter of SIBs as May 13, 2015, rather than the correct date of May 13, 2016. The appeal file does not contain a response from the claimant.

DECISION

Affirmed as reformed.

The parties stipulated that: on (date of injury), the claimant sustained a compensable injury which resulted in an impairment rating of at least 15%; three is the required number of work search contacts required by the Texas Workforce Commission for unemployment in the claimant’s county of residence (Runnels) during the qualifying period for the first quarter of SIBs; and the qualifying period for the first quarter of SIBs is from January 30 through April 29, 2016. The Benefit Review Conference Report in evidence identified the issue in dispute as follows: Is the claimant entitled to SIBs for the first quarter, May 13 through August 11, 2016?

The carrier correctly points out in its Request for Correction of Clerical Error that throughout his decision, the hearing officer mistakenly refers to the beginning date of the first quarter as May 13, 2015, rather than the correct date of May 13, 2016. A review of the record reflects that the correct beginning date of the first quarter was stated on the record and the parties agreed that May 13, 2016, was the beginning date of the first quarter. In evidence is the Application for SIBs (DWC-52) which identifies the first quarter as beginning on May 13, 2016. Accordingly, we reform the stated issue in the decision and order to reflect the correct beginning date of the first quarter, May 13, 2016. Additionally, we reform the hearing officer’s decision, both in the beginning paragraph and in the Decision section of the Decision and Order, and Conclusion of Law No. 3 to reflect the correct beginning date of the first quarter, May 13, 2016. The hearing officer’s determination that the claimant is entitled to SIBs for the first quarter, May 13 through August 11, 2016, is affirmed as reformed.

The true corporate name of the insurance carrier is FEDERAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

1999 BRYAN STREET, SUITE 900

DALLAS, TEXAS 75201-3136

Margaret L. Turner
Appeals Judge

CONCUR:

K. Eugene Kraft
Appeals Judge

Carisa Space-Beam
Appeals Judge

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