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 February 4, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained an injury in the course and scope of his employment on ___________, and that the claimant had disability from ___________, through November 28, 2001. The appellant (carrier) appealed and the claimant responded.
DECISION
The hearing officer’s decision is reversed and remanded for reconstruction of the CCH record.
Section 410.203(a)(1) provides that the Appeals Panel shall consider the record developed at the CCH. The CCH record has not been sent to the Appeals Panel and we understand that it cannot be located. 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 effective June 17, 2001, to exclude Saturdays and Sundays and holidays listed in Section 662.003 of the Texas Government Code in the computation of time in which a request for appeal or a response must be filed.
Robert W. Potts – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Edward Vilano – Appeals Judge