This appeal is brought pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held in ______, Texas, on November 15, 1995, with _______ presiding as hearing officer. He determined that the compensable injury the appellant (claimant) sustained on _________, did not extend to or affect his low back; that the claimant was injured in the course and scope of his employment on _________, when he aggravated his preexisting condition; that the injury of _________, did not cause disability; that the injury of _________, did not cause disability; and that the claimant’s average weekly wage (AWW) is $454.34. The claimant appealed urging that the injury of _________, extends to his low back; that he had disability from April 7, 1995, through October 15, 1995; and that his AWW is $511.91 and requesting that the Appeals Panel reverse the decision of the hearing officer and render a decision in his favor. The respondents (carriers) replied urging that the evidence is sufficient to support the determinations of the hearing officer and requesting that the Appeals Panel affirm the decision of the hearing officer.
DECISION
Because a record of the proceedings and the evidence admited at the hearing have not been received, we reverse and remand.
Documents accompanying the Decision and Order of the hearing officer, the request for review, and the response to the request for review reveal that searches have been made in two Texas Workers’ Compensation Commission field offices but that the record cannot be located. A court reporter was present at the hearing and the parties were represented by counsel. The court reporter should be able to provide a copy of the transcript and counsel should be able to provide copies of exhibits that were offered into evidence.
We reverse and decision and order of the hearing officer and remand for the record to be obtained or reconstructed. Pending resolution of the remand, a final decision has not been made in this case. However, since reversal and remand necessitate the issuance of a new decision and order by the hearing officer, a party who wishes to appeal from such new decision must file the request for review not later than 15 days after the date on which such new decision is recieved from the Texas Workers’
Compensation Commission division of hearings, pursuant to Section 410.202. See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.
Tommy W. Lueders – Appeals Judge
CONCUR:
Robert W. Potts – Appeals Judge
Gary L. Kilgore – Appeals Judge