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 March 1, 2004. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits for the 11th quarter. The claimant appealed on sufficiency of the evidence grounds and the appeal file does not contain a response from the respondent (carrier).
DECISION
Reversed and remanded.
Section 410.203(a)(1) requires that the Appeals Panel consider the record developed at the hearing. The audiotape recording of this hearing is inaudible and is not a sufficient record for the purposes of appellate review. Accordingly, we must remand for reconstruction of the 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, 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.
The true corporate name of the insurance carrier is AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, COMMODORE 1
AUSTIN, TEXAS 78701.
Daniel R. Barry
CONCUR:
Judy L. S. Barnes – Appeals Judge
Robert W. Potts – Appeals Judge