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 November 14, 2001. The hearing officer resolved the disputed issues by deciding that the respondent’s (claimant) compensable injury of ______________, extends to and includes a right shoulder injury and right carpal tunnel syndrome, and that the claimant has had disability from November 30, 2000, through the date of the CCH. The appellant (carrier) appealed and the claimant responded.
DECISION
The hearing officer’s decision is reversed and the case is remanded to the hearing officer for reconstruction of the CCH record.
Section 410.203(a) provides that the appeals panel shall consider the record developed at the CCH. The appeal file does not contain an audiotape or transcript of the CCH nor does it contain the CCH exhibits. Consequently, we must remand the case to the hearing officer for reconstruction of the CCH record.
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, to exclude Saturdays and Sundays and holidays listed in Section 662.003 of the Texas Government Code in the computation of the time in which a request for appeal or a response must be filed.
Robert W. Potts – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Elaine M. Chaney – Appeals Judge