This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on January 2, 2003. The hearing officer determined that (1) the appellant (claimant) was an independent contractor, for workers’ compensation purposes, at the time of the claimed injury; (2) the claimant did not sustain a compensable injury on ____________, because she was not covered with workers’ compensation insurance at that time; and (3) the claimant did not have disability, because she did not sustain a compensable injury. The claimant appeals these determinations on legal and sufficiency of the evidence grounds. No response was filed.
DECISION
Because a complete record is not available for our review, we reverse and remand.
Section 410.203(a)(1) requires the Appeals Panel to consider the record developed at the hearing. See Texas Workers’ Compensation Commission Appeal No. 93809, decided October 25, 1993. The recorded testimony of the claimant’s witness, Ms. G, appears to be incomplete. In the absence of a complete record, we cannot review the claimant’s sufficiency of the evidence contentions. Accordingly, we remand this case for reconstruction of the record. See Texas Workers’ Compensation Commission Appeal No. 960968, decided July 3, 1996.
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 and Sundays and holidays listed in Section 662.003 of the Texas Government Code.
The true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
MR. RUSSELL R. OLIVER, PRESIDENT
221 WEST 6TH STREET
AUSTIN, TEXAS 78701.
Edward Vilano
CONCUR:
Judy L. S. Barnes – Appeals Judge
Robert W. Potts – Appeals Judge