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 28, 2001. The hearing officer determined that (1) the respondent (claimant) sustained a compensable injury; (2) the date of injury was __________; and (3) the claimant had disability from April 12, 2001, through July 17, 2001. The appellant (carrier) appeals the injury and disability determinations on sufficiency grounds. No response was filed.
DECISION
Because a complete record of the CCH is not available for our review, we reverse and remand.
Section 410.203(a)(1) requires the Appeals Panel to consider the record developed at the CCH. See Texas Workers’ Compensation Commission Appeal No. 93809, decided October 25, 1993. The audiotape recording of the hearing was not included in the record on appeal. In the absence of a complete record, we cannot review the carrier’s sufficiency-of-the-evidence contentions. Accordingly, we remand this case for reconstruction of the record. See Texas Workers’ Compensation Commission Appeal No. 960968, decided July 3, 1996.
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.
We reverse the hearing officer’s decision and order and remand.
The true corporate name of the insurance carrier is LUMBERMENS UNDERWRITING ALLIANCE and the name and address of its registered agent for service of process is
DANIEL J. O’BRIEN
12200 FORD ROAD
SUITE 344
DALLAS, TEXAS 75234.
Thomas A. Knapp – Appeals Judge
CONCUR:
Michael B. McShane – Appeals Judge
Philip F. O’Neill – Appeals Judge