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 convened on July 19, 2001, with (hearing officer) presiding as hearing officer and continued at the request of the appellant (claimant) without taking evidence on the merits of the case. On October 4, 2001, the CCH was resumed. With respect to the issues before him, the hearing officer determined that the claimant sustained a single-event injury to her low back on __________; that the claimant timely notified the employer of the __________, injury; and that the claimant also sustained an injury as a result of repetitious physically traumatic activities on __________. These determinations have not been appealed and have become final. Section 410.169.
The claimant appeals the hearing officer’s determinations that the employer is relieved of liability for the repetitive trauma injury of __________, because the claimant did not timely report the injury to the employer, and the claimant also appeals the hearing officer’s determination that the claimant did not have disability as a result of a compensable injury. There is no response from the respondent (carrier).
DECISION
Remanded to obtain registered agent information.
In this case, the claimant asserted both a repetitive trauma injury (date of injury __________), and a specific low back injury (__________), while working for the employer. The claimant mailed her copy of the appeal to the carrier directed to the “registered agent”; however, it was returned because the “registered agent” is apparently no longer employed by the carrier. This indicates that the carrier merely furnished the name of a company employee rather than the required registered agent for service of process. The carrier must supply correct information on remand that equates to registered agent information required by the (carrier). We accordingly remand and request that the hearing officer supply the corrected information.
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. See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.
Susan M. Kelley – Appeals Judge
CONCUR:
Philip F. O’Neill – Appeals Judge
Robert W. Potts – Appeals Judge