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 November 1, 2001. With respect to the issues before him, the hearing officer determined that the respondent (claimant) sustained a compensable repetitive trauma injury while in the course and scope of her employment; that the date of the injury is ______________; that she had disability from December 28, 2000, through the date of the hearing; and that the carrier is not relieved of liability because the claimant timely reported her injury to her employer. The appellant (carrier) has appealed, arguing newly discovered evidence reveals that it is not the proper carrier and that the evidence is insufficient to support the hearing officer’s determinations. There is no response from the claimant.
DECISION
Reversed and remanded.
In its appeal, the carrier asserts that newly discovered evidence indicates that it did not have coverage for the claimant’s employer on the date of injury. Inexplicably, the carrier did not include evidence to support this bald assertion; however, our check of Texas Workers’ Compensation Commission records indicate that the carrier’s contention may have some merit in that the carrier does not appear to be listed as the carrier that provided coverage for the claimant’s employer on ______________. In Houston Gen. Ins. Co. v. Association Cas. Ins. Co., 977 S.W.2d 634 (Tex. App.-Tyler 1998, no writ), the Tyler Court of Appeals held that workers’ compensation coverage may not be extended by waiver or estoppel. Because of the uncertainty as to the identity of the proper carrier in this instance, we remand the case to the hearing officer to determine the proper carrier and, if necessary, to hold another hearing with the proper carrier present.
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, which was amended June 17, 2001, to exclude Saturdays, Sundays, and holidays listed in Section 662.003(a) of the Texas Government Code in the computation of the 15-day appeal and response periods.
The true corporate name of the insurance carrier is AMERICAN MOTORISTS INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICES COMPANY
800 BRAZOS
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Edward Vilano – Appeals Judge