This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on August 2, 2004. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) did not sustain a compensable injury on ___________, and did not have disability resulting from the claimed injury of ___________. The claimant appealed and the respondent (carrier) responded.
DECISION
Affirmed.
The CCH on this matter was convened on August 2, 2004. The claimant did not appear. The file indicates that the hearing officer sent a letter to the claimant that same day informing her that she had 10 days from the date of the letter to contact the Texas Workers’ Compensation Commission (Commission), and that no further action would take place until the expiration of that time period. The hearing officer subsequently entered the decision and order on August 13, 2004. We note that all relevant Commission communications were sent to two addresses that the claimant had provided in previous proceedings with the Commission. The claimant appealed, requesting that the case be remanded to allow her an opportunity to present evidence. The claimant asserts that she received the 10-day letter on the evening of August 10, 2004, and contacted the Commission on the following day. However, the claimant also attaches a Dispute Resolution Information System note to her appeal, that shows the claimant contacted the Commission to respond to the 10-day letter on August 13, 2004, which was after the 10-day period had expired.
The claimant failed to attend the scheduled CCH and failed to timely respond to the hearing officer’s 10-day letter. The review of the Appeals Panel is generally limited to the record developed at the CCH. Section 410.203. The claimant had the burden of proof on the disputed issues and failed to meet that burden. We conclude that the claimant was afforded due process to present her case and we decline to remand the case for another CCH. We cannot agree that the hearing officer erred in determining that the claimant is not entitled to benefits because she failed to appear at the hearing and failed to timely respond to the 10-day letter.
We affirm the decision and order of the hearing officer.
The true corporate name of the insurance carrier is ZURICH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is
LEE F. MALO
12222 MERIT DRIVE, SUITE 700
DALLAS, TEXAS 75251.
Margaret L. Turner
CONCUR:
Thomas A. Knapp – Appeals Judge
Edward Vilano – Appeals Judge