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 September 27, 2001. With regard to the issues before him, the hearing officer determined that the compensable injury of ___________, extends to and includes torn medial menisci of both knees, and that the compensable injury of ___________, does not extend to or include an injury to the left upper extremity, left hip, urological problems, or sexual dysfunction. The appellant (claimant) appealed, arguing essentially that the hearing officer’s decision is against the great weight and preponderance of the evidence. The respondent (carrier) 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 fully 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 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.
Michael B. McShane
CONCUR:
Judy L. S. Barnes – Appeals Judge
Susan M. Kelley – Appeals Judge