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 28, 2004. The hearing officer determined that the appellant (claimant) reached maximum medical improvement (MMI) on September 30, 2002, with a five percent impairment rating (IR), as certified by the designated doctor appointed by the Texas Workers’ Compensation Commission (Commission). The claimant appeals these determinations, asserting that he has not reached MMI and that IR cannot be determined. The respondent (carrier) urges affirmance.
DECISION
Because a complete record of the hearing 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 audiotape recording of the hearing is inaudible. Accordingly, we must remand 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 true corporate name of the insurance carrier is AMCOMP ASSURANCE CORPORATION and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
701 BRAZOS STREET, SUITE 1050
AUSTIN, TEXAS 78701.
Edward Vilano
CONCUR:
Thomas A. Knapp – Appeals Judge
Veronica L. Ruberto – Appeals Judge