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 May 3, 2001. The hearing officer held that the appellant (claimant) had not sustained an injury in the course and scope of his employment and did not have disability.
The claimant has appealed; the sole grounds for assigning error to various fact findings and conclusions is that he has additional evidence from his doctor. The respondent (carrier) responds by asserting that the decision was correct.
DECISION
Remanded for reconstruction of the record.
Regrettably, the tape recording of the CCH is unintelligible (on two different tape recorders used for playback) as to the testimony given and several of the questions asked. We must therefore remand for reconstruction of the record, limited to what was presented before.
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.
Susan M. Kelley – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Philip F. O’Neill – Appeals Judge