Title: 

APD 011630

Significant Decision

Date: 

September 5, 2001

Issues: 

SIBS-2nd Quarter

Table of Contents

APD 011630

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 June 18, 2001. The hearing officer resolved the disputed issues by deciding that the respondent’s (claimant) compensable injury of __________, includes the claimant’s anxiety and depression, and that the claimant is entitled to supplemental income benefits for the second and third quarters. The appellant (carrier) appealed and the claimant responded.

DECISION

We reverse and remand for complete information concerning the carrier’s true corporate name and registered agent for service of process.

We must remand for the purpose of obtaining compliance with HB 2600, which amended Section 410.164, effective June 17, 2001. Section 410.164 was amended by the addition of subsection (c), which provides as follows:

(c)At each [CCH], as applicable, the insurance carrier shall file with the hearing officer and shall deliver to the claimant a single document stating the true corporate name of the insurance carrier and the name and address of the insurance carrier’s registered agent for service of process. The document is part of the record of the [CCH].

The hearing officer procedure for implementing this statutory amendment is in the June 19, 2001, Texas Workers’ Compensation Commission (Commission) memorandum to hearing officers, and states “RE: Required Insurance Carrier Information.” A rehearing on remand is required to obtain this information and admit it into 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 Commission’s Division of Hearings, pursuant to Section 410.202 (amended June 17, 2001). See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.

Robert W. Potts – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Philip F. O’Neill – Appeals Judge