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. The hearing officer determined that the appellant’s (claimant) ______________, compensable injury does not extend to or include an injury in the form of a heart condition and cardiac arrhythmia, and that he did not have disability. The claimant appealed on sufficiency of the evidence grounds and the respondent (self-insured) responded, urging affirmance.
DECISION
Reversed and remanded.
Section 410.203(a)(1) requires that the Appeals Panel consider the record developed at the hearing. The audiotape recording of this hearing is inaudible and is not a sufficient record for the purposes of appellate review. Accordingly, we must remand for reconstruction of the record.
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.
The true corporate name of the insurance carrier is self-insured though the TEXAS ASSOCIATION OF COUNTIES WORKERS’ COMPENSATION SELF-INSURANCE FUND and the name and address of its registered agent for service of process is
EXECUTIVE DIRECTOR
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Daniel R. Barry – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Edward Vilano – Appeals Judge