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 24, 2004. The hearing officer determined that the compensable injury of _______________, extends to and includes an injury to the cervical spine diagnosed as a C5-6 disc herniation. In its appeal, the appellant (carrier) argues that the hearing officer’s extent-of-injury determination is against the great weight of the evidence. The appeal file does not contain a response from the respondent (claimant).
DECISION
Reversed and remanded.
The hearing was recorded by audiotape recording and there was no court reporter. Unfortunately, the audiotape of the hearing is inaudible. Section 410.203(a)(1) requires the Appeals Panel to consider the record developed at the hearing. Because we are unable to discern what is being said on the tape, we cannot review the carrier’s appeal. Accordingly, we remand this case 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 the party receives the new decision 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 TRINITY UNIVERSAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
RONALD I. HENRY
10000 NORTH CENTRAL EXPRESSWAY
DALLAS, TEXAS 75230.
Elaine M. Chaney – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Veronica L. Ruberto – Appeals Judge