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 16, 2001. The hearing officer resolved the disputed issue by deciding that the respondent’s (claimant) impairment rating (IR) is 29% as assigned in an amended report by the designated doctor chosen by the Texas Workers’ Compensation Commission (Commission). The appellant (self-insured) appealed, contending that the claimant’s IR is 10%, and the claimant responded, requesting affirmance.
DECISION
Reversed and remanded.
This case is remanded for the sole purpose of compliance with HB2600 amending Section 410.164, effective June 17, 2001. Section 410.164 was amended by the addition of subsection (c), which provides as follows:
(c)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 self-insured’s information form (Hearing Officer’s Exhibit 2) fails to state the name of the registered agent for service of process (it simply states the self-insured’s name) and it provides an out-of-state address for service of process. The self-insured is the carrier and is required to provide a physical address of a registered agent for service of process in Texas. See generally, Texas Workers’ Compensation Commission Appeal No. 011845-S, decided September 11, 2001. The case is remanded for the self-insured to provide the required information for its registered agent for service of process in Texas.
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 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.
Robert W. Potts – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Michael B. McShane – Appeals Judge