Title: 

APD 062405

Significant Decision

Date: 

January 29, 2007

Issues: 

SIBS-5th Quarter, SIBS-6th Quarter, SIBS-7th Quarter

Table of Contents

APD 062405

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 19, 2006. The hearing officer decided that the respondent (claimant) was entitled to supplemental income benefits for the fifth, sixth, and seventh quarters, beginning January 11, 2006, and ending October 10, 2006. The appellant (carrier) appealed, arguing essentially that the hearing officer’s decision is against the great weight and preponderance of the evidence because claimant’s unemployment during the qualifying periods under dispute was not a direct result of the impairment from his compensable injury of _____________. The claimant urges affirmance.

DECISION

Reversed and remanded.

Because the record and the exhibits admitted at the CCH are missing from the CCH file and have not been furnished to the Appeals Panel, we reverse and remand for reconstruction of the record, so this panel can consider the record developed at the CCH. See Section 410.203(a).

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 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 Appeals Panel Decision 92642, decided January 20, 1993.

The true corporate name of the insurance carrier is TEXAS BUILDERS INSURANCE COMPANY and the name and address of its registered agent for service of process is

ROBERT C. SIDDONS

BUILDING 1, SUITE 200

11612 RM 2244 (BEE CAVES ROAD)

AUSTIN, TEXAS 78738.

Cynthia A. Brown

CONCUR:

Thomas A. Knapp – Appeals Judge

Margaret L. Turner – Appeals Judge