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 July 30, 2003. The hearing officer determined that the appellant (claimant) had not sustained a compensable injury on _____________, and that the claimant did not have disability from March 12, 2003, to the date of the CCH.
The claimant appeals on a sufficiency of the evidence basis. The respondent (carrier) responds, urging affirmance.
DECISION
Reversed and remand.
Section 410.203(a)(1) requires the Appeals Panel to consider the record developed at the hearing. See Texas Workers’ Compensation Commission Appeal No. 93809, decided October 25, 1993. The audiotape throughout the introductory portion of the CCH was barely audible, and at the beginning of the claimant’s testimony the audiotape became completely inaudible due to static and the audio cutting in and out. Accordingly, we remand the case for reconstruction of the record. Texas Workers’ Compensation Commission Appeal No. 030208, decided March 7, 2002.
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 ARCH 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.
Thomas A. Knapp – Appeals Judge
CONCUR:
Chris Cowan – Appeals Judge
Margaret L. Turner – Appeals Judge