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 September 25, 2000. The issues at the CCH were whether the appellant (claimant) was entitled to supplemental income benefits (SIBs) for the 10th quarter from February 19, 2000, through May 20, 2000, and for the 11th quarter from May 21, 2000, through August 19, 2000. The hearing officer determined that the claimant was not entitled to the 10th or 11th quarter of SIBs. The claimant appealed the adverse determination on the grounds of sufficiency of the evidence. The respondent (carrier) replied that the evidence was sufficient and urged affirmance.
DECISION
We reverse and remand.
Regrettably, the audiotape of the hearing is distorted and the recording volume is so low that it is inaudible. We must remand.
We reverse the hearing officer’s decision and order and remand for reconstruction of the record.
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 a request for review not later than 15 days after the date on which such new decision is received from the Texas Workers’ Compensation Commission’s Division of Hearings, pursuant to Section 410.202. See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.
Kathleen C. Decker – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Judy L. Stephens – Appeals Judge