This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). According to the Decision and Order issued in this case, a contested case hearing (CCH) was held on October 3, 2001, with the record closing on October 19, 2001. The appellant (claimant) did not appear at the CCH, but her attorney appeared on her behalf. With regard to the issue before the hearing officer, he determined that the claimant does not have disability from a compensable injury. The claimant appealed, arguing that the hearing officer’s decision is inaccurate and unjust, and that the claimant failed to attend the CCH because she had recently had surgery and was on medication. The respondent (carrier) urges affirmance of the hearing officer’s decision, arguing that the claimant failed to present any evidence that she made any response to the “ten day letter” sent by the hearing officer.
DECISION
Reversed and remanded.
There is no transcript or audiotape recording of the purported CCH. We are thus unable to discern whether there was, in fact, a hearing conducted in this case. The “ten day letter” attached to the file as Hearing Officer’s Exhibit No. 3 states that “[t]he record of the proceeding was opened, developed, and closed at the hearing. A proposed Decision and Order based on the record will be prepared.” If the hearing officer did conduct a hearing, we do not have a record which we can review. If the hearing officer did not conduct a hearing, he has issued a Decision and Order which is a nullity. See Texas Workers’ Compensation Commission Appeal No. 012341, decided November 8, 2001.
We note that, on appeal, the claimant attached a letter dated October 3, 2001, addressed to the Texas Workers’ Compensation Commission (Commission), which states that the claimant “did not attend the [CCH] this afternoon because she just had surgery and was on medication.” We expect that when the hearing officer conducts a proper hearing the claimant will be in attendance.
We reverse and remand for the hearing officer to conduct a proper hearing.
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, Sundays, and holidays listed in the Texas Government Code in the computation of the 15-day appeal and response periods.
The true corporate name of the insurance carrier is ZURICH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
GEORGE MICHAEL JONES
9330 LBJ FREEWAY, SUITE 1200
DALLAS, TEXAS 75243.
Michael B. McShane
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge