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 9, 2001. With regard to the issues before him, the hearing officer determined that the appellant/cross-respondent (claimant herein) sustained an injury in the course and scope of employment and that as a result of this injury the claimant was unable to obtain and retain employment from October 19, 2000, through December 4, 2000, but that the respondent/cross-appellant (self-insured herein) was relieved of liability because the claimant failed to timely report her injury and did not have good cause for doing so. The claimant appeals, contending that her injury was timely reported and that she had good cause for not timely reporting it. The self-insured also appeals, challenging the hearing officer’s findings that the claimant sustained an injury and was unable to obtain and retain employment as a result of the injury. Neither party responded to the other’s appeal.
DECISION
Reversed and remanded.
This case is remanded for the purpose of obtaining compliance with HB2600, which amended Section 410.164, effective June 17, 2001. Section 410.164 was amended by the addition of subsection (c), which provides as follows:
At each [CCH], as applicable, the insurance carrier shall file with the hearing officer and shall deliver to the claimant a single document stating the true corporate name of the insurance carrier and the name and address of the insurance carrier’s registered agent for service of process. The document is part of the record of the [CCH].
In this case, the address provided for the registered agent was a post office box, where personal service of process cannot be effectuated. Therefore, we remand so that a street address may be provided by the self-insured for its registered agent for service of process, in order to carry out the purpose of the legislation.
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, Sundays, and holidays listed in the Texas Government Code in the computation of the 15-day appeal and response periods.
Gary L. Kilgore – Appeals Judge
CONCUR:
Robert E. Lang
Appeals Panel
Manager/Judge
Robert W. Potts – Appeals Judge