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 October 2, 2024, and October 16, 2024, with the record closing on April 14, 2025, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the compensable injury of (date of injury), extends to a left knee lateral meniscal tear; (2) the date of maximum medical improvement (MMI) is February 9, 2024; (3) the appellant’s (claimant) impairment rating (IR) is four percent; and (4) the claimant had disability from the compensable injury from February 10, 2024, through March 4, 2024.
The claimant appealed, disputing the ALJ’s determinations of MMI and IR. The appeal file does not contain a response from the respondent (carrier). The ALJ’s determinations that the compensable injury of (date of injury), extends to a left knee lateral meniscal tear and that the claimant had disability from the compensable injury from February 10, 2024, through March 4, 2024, were not appealed and have become final pursuant to Section 410.169.
DECISION
Reversed and remanded for reconstruction of the record.
Section 410.203(a)(1) requires the Appeals Panel to consider the record developed at the CCH. The audio recording in the appeal file is from the October 2, 2024, setting. The recording includes the admission of exhibits, the stipulations of the parties, the claimant’s direct examination, and a portion of the claimant’s cross-examination. The CCH was paused to consider whether the parties could reach an agreement. After a recess the parties stated they were waiting on a response from the adjuster and the CCH was continued. The decision and order reflects that a second CCH was held on October 16, 2024. The appeal file does not contain an audio recording of the October 16, 2024, setting. The appeal file does not contain a complete recording of the proceedings. Consequently, we reverse and remand this case to the ALJ who presided over the October 16, 2024, CCH, if possible, for reconstruction of the record. See Appeals Panel Decision (APD) 201653, decided December 8, 2020.
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 ALJ, 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 Department of Insurance, Division of Workers’ Compensation, 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 APD 060721, decided June 12, 2006.
The true corporate name of the insurance carrier is AMERICAN ZURICH INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
211 EAST 7TH STREET, SUITE 620
AUSTIN, TEXAS 78701-3218.
Margaret L. Turner
Appeals Judge
CONCUR:
Cristina Beceiro
Appeals Judge
Carisa Space-Beam
Appeals Judge