AP Concludes Claimant’s SIBs Efforts were Insufficient
The appeals panel for the Division of Workers’ Compensation published an opinion on June 9, 2015 which ruled that an injured worker who had attempted to qualify for SIBs by demonstrating cooperation with the Texas Department of Assistive and Rehabilitative Services had failed to show reasonable grounds for failing to comply with work search requirements for two weeks that fell between school semesters. In Texas Division of Workers’ Compensation Appeals Panel Decision No. 150797 the claimant signed an IPE that assigned to him the responsibilities of maintaining and completing a full-time course load in school and maintaining employment after earning his degree. The record reflected that the claimant did not attend school during the winter break from December 22, 2014, through January 2, 2015, which encompassed weeks 12 and 13 of the qualifying period for the sixth quarter. The claimant testified that during weeks 12 and 13, he used that time to study and register for the next semester.
A hearing officer found that the claimant was entitled to SIBs even though he did not search for work or attend school during weeks 12 and 13. The hearing officer wrote:
Based on [the] [c]laimant’s limited abilities and the short period of time between semesters, the evidence is sufficient to prove that [the] [c]laimant had reasonable grounds for failing to comply with the work search requirements for weeks 12 and 13. Although [the] [c]laimant did not successfully complete all his classes for the fall semester, he was actively enrolled and participating in 12 hours of credit and maintained a GPA over 2.0, in compliance with his IPE requirements.
The appeals panel disagreed. The panel reversed the determination of entitlement and rendered a decision that the claimant was not entitled to SIBs for the sixth quarter. The appeals panel wrote:
In the instant case, the hearing officer determined the claimant demonstrated reasonable grounds for failing to document five job contacts per week for weeks 12 and 13, beginning December 20, 2014, through January 2, 2015, although it is undisputed that the claimant did not look for work during weeks 12 and 13 and no evidence was offered that the claimant performed any other activity in connection with his IPE for weeks 12 and 13 of the qualifying period in dispute. Furthermore, the claimant presented no evidence of any other active efforts during weeks 12 and 13 to meet the work search requirements of Rule 130.102(d)(1). Under the facts of this case, we do not agree with the hearing officer that because the claimant had limited abilities and the short period of time between semesters, the evidence is sufficient to prove that the claimant had reasonable grounds for failing to comply with the work search requirements for weeks 12 and 13.
Accordingly, we reverse the hearing officer’s determination that the claimant is entitled to SIBs for the sixth quarter and render a new decision that the claimant is not entitled to SIBs for the sixth quarter.
FOLIO
