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 March 8, 2004. With respect to the single issue before him, the hearing officer determined that the respondent’s (claimant) compensable injury of _______________, extends to and includes a diagnosis of depression. In its appeal, the appellant (carrier) challenges that determination as being against the great weight of the evidence. In her response to the carrier’s appeal, the claimant urges 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. Unfortunately, the audiotape recording of the hearing is inaudible. 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 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 ACE PROPERTY & CASUALTY INSURANCE COMPANY, formerly known as Insurance Company of North America and the name and address of its registered agent for service of process is
ROBIN M. MOUNTAIN
6600 CAMPUS CIRCLE DRIVE EAST, SUITE 200
IRVING, TEXAS 75063.
Elaine M. Chaney
CONCUR:
Daniel R. Barry – Appeals Judge
Robert W. Potts – Appeals Judge