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 10, 2003. The hearing officer decided that the (respondent) claimant is entitled to third quarter supplemental income benefits, and that the appellant (carrier) is to calculate the correct monthly benefit rate using the earnings figures set out in the Findings of Facts for the third quarter. The carrier appeals on evidentiary sufficiency and legal grounds. There is no response in the file from the claimant.
DECISION
Because a complete record of the hearing 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. 91017, decided September 25, 1991. The record consisted of one 90-minute audiotape. A significant portion of the audiotape recording of the hearing is unintelligible, which makes a full and proper review of the record impossible. Accordingly, we reverse and 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 (amended June 17, 2001). See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.
The true corporate name of the insurance carrier is TRANSCONTINENTAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 NORTH ST. PAUL STREET
DALLAS, TEXAS 75201.
Gary L. Kilgore
CONCUR:
Elaine M. Chaney – Appeals Judge
Edward Vilano – Appeals Judge