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APD 090596
June 26, 2009

APD 090596

June 26, 2009

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 March 18, 2009. The hearing officer determined that: (1) the respondent (claimant) sustained a compensable injury on ___________; (2) the claimant did not have disability from October 10, 2008, through the date of the CCH due to the compensable injury; and (3) the appellant (carrier) “is liable for the payment of accrued benefits for the period of October 4, 2008, to October 23, 2008, pursuant to [28 TEX. ADMIN. CODE § 124.3 (Rule 124.3)], resulting from its failure to dispute or initiate the payment of benefits by the [15th] day after it received written notice of the injury.”

The carrier appealed, contending that the findings and conclusions that the claimant did not have disability, yet the carrier was ordered to pay accrued benefits was contradictory and inconsistent. The carrier also contends that the “discrepancy arises to the level of a clerical error” and filed a Carrier’s Motion for Clerical Correction/Nunc Pro Tunc. The carrier also appeals the hearing officer’s finding that it received written notice of the claimed injury on October 4, 2008, contending that the employer received written notice of the injury on October 4, 2008, and the carrier did not receive notice of the injury until October 9, 2008. The appeal file does not contain a response from the claimant.


Reversed and remanded for reconstruction of the CCH record.

Section 410.203(a)(1) provides that the Appeals Panel shall consider the record developed at the CCH. The appeal file contains two compact discs (CDs). The first CD has 77 tracks and is approximately one hour and 15 minutes long. The second CD has 36 tracks and is approximately 35 minutes long. Neither CD has any sound. The appeal file does not indicate that a court reporter was present and the file does not contain a transcript or other recording of the proceedings. Consequently, we remand the case for reconstruction of the CCH 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 Department of Insurance, Division of Workers’ Compensation, 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 Appeals Panel Decision 060721, decided June 12, 2006.

The true corporate name of the insurance carrier is ARGONAUT GREAT CENTRAL INSURANCE COMPANY and the name and address of its registered agent for service of process is



KERRVILLE, TEXAS 78028-2640.

Thomas A. Knapp


Veronica L. Ruberto
Appeals Judge

Margaret L. Turner
Appeals Judge