Title: 

APD 002388

Significant Decision

Date: 

November 27, 2000

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 002388

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 September 25, 2000. With respect to the issues before her, the hearing officer determined that the respondent (claimant) sustained a compensable injury on ____________, and that she had disability as a result of her compensable injury from May 10, 2000, through the date of the hearing. In its appeal, the appellant (self-insured) argues that those determinations are against the great weight of the evidence. The appeals file does not contain a response to the self-insured’s appeal from the claimant.

DECISION

We reverse and remand.

Regrettably, the recording volume of the audiotape of the hearing is so low that it is inaudible. Thus, 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.

Elaine M. Chaney – Appeals Judge

CONCUR:

Thomas A. Knapp – Appeals Judge

Robert W. Potts – Appeals Judge