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 August 6, 2002. The hearing officer resolved the disputed issue by deciding that the appellant (claimant) is not entitled to supplemental income benefits for the first quarter. The claimant appeals the determination, arguing that the determination of the hearing officer was in error and complains of an evidentiary ruling made by the hearing officer during the CCH. The respondent (carrier) responds, urging affirmance.
DECISION
Because a complete record of the CCH is not available for our review, we reverse and remand.
Section 410.203(a)(1) requires the Appeals Panel to consider the record developed at the CCH. See Texas Workers’ Compensation Commission Appeal No. 93809, decided October 25, 1993. Side B of the audiotape recording of the hearing is unintelligible. Accordingly, we remand this case for reconstruction of the record. See Texas Workers’ Compensation Commission Appeal No. 960968, decided July 3, 1996.
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 and Sundays and holidays listed in Section 662.003 of the Texas Government Code in the computation of the 15-day appeal and response periods. See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.
The true corporate name of the insurance carrier is AMERICAN EMPLOYER’S INSURANCE COMPANY and the name and address of its registered agent for service of process is
C. J. FIELDS
5910 NORTH CENTRAL EXPRESSWAY
DALLAS, TEXAS 75206.
Margaret L. Turner
CONCUR:
Thomas A. Knapp – Appeals Judge
Robert W. Potts – Appeals Judge