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 convened on April 12, 2001, but was continued to and concluded on August 31, 2001. The hearing officer resolved the disputed issues by determining that the appellant (claimant) did not sustain a compensable injury on __________; that he therefore did not have disability; and, that the respondent (carrier) did not waive its right to contest compensability of the claimed injury. The claimant appealed the determinations as to injury and disability on sufficiency of the evidence grounds. The claimant also appealed the determination as to carrier waiver based upon the decision in Downs v. Continental Casualty Co., 32 S.W.3d 260 (Tex. App.-San Antonio 2000, pet. granted). The carrier responded, urging affirmance.
DECISION
Reversed and remanded.
This case is remanded for the purpose of compliance with HB2600 amending 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].
In this case, the carrier provided the name and address of a registered agent in Missouri. As explained in Texas Workers’ Compensation Commission Appeal No. 011845-S, decided September 11, 2001, the carrier is required to provide a physical address of a registered agent for service of process in Texas. Therefore, the case is remanded for the carrier to provide the required information for its registered agent in Texas.
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 (as amended June 17, 2001). Saturdays and Sundays and holidays listed in Section 662.003 of the Government Code are not included in the computation of the time.
Philip F. O’Neill – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Gary L. Kilgore – Appeals Judge