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APPEAL NO. 021067 FILED JUNE 17, 2002, This appeal arises pursuant to the Texas Workers' Compensation Act, TEX. LAB. CODE ANN. 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on

We reverse. Factual and Procedural Background The appellant, Deborah Due, was employed as a registered nurse at Texas State Hospital from August 1996 through June 2001. In September 2000, she became eligible for a disability leave benefit under the law that provided an annual benefit of 20.65 upon the first six months of disability and 40.05 upon each renewal of disability. Between August 28, 2001, and July 31, 2002, the hospital's general office received a complaint alleging that Deborah was in violation of the law. On October 25, 2001, a hearing officer determined that the complaint was well-founded. On April 3, 2002, Deborah filed a motion to intervene as a claimant in her own right. The hospital filed a written response, and Deborah filed her motion to intervene. On May 2, 2002, the hearing officer conducted a CCH to determine whether she was entitled to receive Sits. The law provides that Sits shall be paid to the claimant if she shows “credible evidence” that she is able at some future date to work. Tex. LAB. CODE ANN. 401.001(e)(1). The law does not provide for the receipt of Sits when the claimant has a past disability or chronic disability that “precluded” employment. The trial court concluded that Deborah was unable to comply with the Texas Workers' Compensation Act. It denied her Sits for the years 1996 through 2000. Deborah, who had been employed since January 1996, appealed. The Texas Court of Appeals for the Fifth Court of Appeals reversed that decision. The court concluded that Deborah “credible evidence” existed to show that she was working at some future date. That judgment is affirmed. DISSENTING OPINION WHITE, J., Dissenting from the decision of the Fifth Court of Appeals and from petitioner's appeal from the Court of Appeals' decision that Deborah is not eligible for supplemental income benefits in the event that she is unable to obtain employment that affords her Sits, based on the testimony and documents submitted in this appeal. THE FACTS Deborah, a registered nurse, worked in a hospital setting, primarily in the hospital's intensive care unit (ICU). She worked primarily with patients who “have been admitted to the hospital, are under observation, are having a surgical procedure, or who are in an intensive care unit.” She received training and was a certified nursing assistant (CNA).

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021067rdoc - tdi texas is a form required by the Texas Department of Insurance (TDI) for reporting certain insurance-related information.

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