Title: 

APD 012877

Significant Decision

Date: 

January 12, 2002

Issues: 

Unavailable

Table of Contents

APD 012877

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 held on October 23, 2001. The hearing officer determined that: (1) the compensable injury of respondent (claimant) extended to a partial tear of the anterior cruciate ligament and internal derangement of the right knee; (2) claimant’s employer did not make a bona fide offer of employment to claimant on __________, and May 18, 2001; and (3) claimant had disability from April 26, 2001, through August 23, 2001. Appellant (carrier) appealed these determinations on sufficiency grounds. Carrier also complains that the hearing officer erred in excluding a videotape and related report and in admitting the records of Dr. K. Claimant responded that the Appeals Panel should affirm the hearing officer’s decision and order.

DECISION

We reverse and remand.

We must reverse the hearing officer’s decision and order and remand for reconstruction of the record because Claimant’s Exhibit No. 5 is missing from the record on appeal. 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, to exclude weekends and holidays listed in Section 662.003 of the Government Code). See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.

The true corporate name of the insurance carrier is AMERICAN CASUALTY COMPANY OF READING and the name and address of its registered agent for service of process is

CT CORPORATION

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Judy L. S. Barnes – Appeals Judge

CONCUR:

Elaine M. Chaney – Appeals Judge

Michael B. McShane – Appeals Judge