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 17, 2001. The hearing officer determined that the appellant (claimant) had not sustained a compensable injury on __________ (all dates are 2000 unless otherwise noted), and that the claimant did not have disability.
The claimant appeals, contending that a prior 1995 injury did not include a low back injury, that the hearing officer erred in discussing an aggravation injury, that the date of injury was not an issue, and that the hearing officer’s decision was against the great weight of the evidence. The respondent (carrier) responds, urging affirmance.
DECISION
Reversed and remanded.
We note that although the hearing officer recites that the CCH was held on May 31, 2001, the transcript and the hearing officer’s exhibits clearly show that the CCH was held on July 17, 2001, necessitating the insurance carrier information required by Section 410.164(c), amended effective June 17, 2001.
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 carrier for its registered agent, in order to carry out the purpose of the legislation. Pursuant to Section 410.164(c), a corrected copy must be delivered to the claimant.
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 no 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 (amended June 17, 2001). See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.
Thomas A. Knapp – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Michael B. McShane – Appeals Judge