Title: 

APD 033240

Significant Decision

Date: 

February 9, 2004

Issues: 

Extent of Injury

Table of Contents

APD 033240

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 November 12, 2003. The hearing officer resolved the disputed issue by deciding that the appellant’s (claimant) compensable injury of _______________, does not extend to or include carpal tunnel syndrome in her left wrist. The claimant appealed, contending that “the hearing officer erred by applying the ‘direct and natural result’ analysis to the evidence.” The respondent (carrier) responded, urging affirmance.

DECISION

Reversed and remanded.

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 record in this case was sent by the Texas Workers’ Compensation Commission’s (Commission) San Antonio field office to the central office; however, it never arrived. 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 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 in the computation of the 15-day appeal and response periods. See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.

The hearing officer’s decision and order provides that the true corporate name of the insurance carrier is NATIONAL SURETY CORPORATION and that the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Margaret L. Turner

CONCUR:

Chris Cowan – Appeals Judge

Edward Vilano – Appeals Judge