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 25, 2001. The hearing officer determined that (1) the respondent (claimant) sustained a compensable repetitive trauma injury; (2) the date of injury was __________; and (3) appellant (carrier) is not relieved from liability for this claim because of a failure by the claimant to timely report the injury to the employer. The carrier appeals the determinations on sufficiency grounds. The carrier also requests that we grant a Motion Nunc pro tunc to correct the carrier information. No response was filed.
DECISION
Reversed and remanded.
Addressing the carrier’s Motion Nunc pro tunc, the claimant’s (employer)-was represented at the CCH to have workers’ compensation coverage with (carrier), an impaired carrier and the employer was not a party at the hearing. The carrier was represented by an attorney with the law firm 1. The parties entered no stipulation and the hearing officer made no findings regarding the identity of the employer’s worker’s compensation carrier. On appeal, the employer was represented to have workers’ compensation coverage through self-insurance at all times pertinent to this claim. The employer is represented on appeal by an attorney with the law firm 2. The employer requests the hearing officer’s decision and order be reformed to reflect that the employer is a certified self-insured entity. To be clear, the employer does not request a new hearing. No response was filed by the claimant or the carrier.
In the absence of findings with regard to the identity of the employer’s workers’ compensation insurance carrier, and in view of the employer’s assertions on appeal, we remand the hearing officer’s decision for findings concerning the identity of the employer’s workers’ compensation insurance carrier. Additionally, should the hearing officer determine that the employer had workers’ compensation coverage through self-insurance, the hearing officer shall obtain the self-insured’s “Required Insurance Carrier Information” and admit it into the record, in compliance with House Bill 2600 amending Section 410.164, effective June 17, 2001.
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 (amended June 17, 2001). See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.
Philip F. O’Neill – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Gary L. Kilgore – Appeals Judge