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APD 090674
June 26, 2009

APD 090674

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 April 7, 2009. The hearing officer determined that the respondent (claimant) had disability resulting from the compensable injury from August 25, 2006, through and including March 30, 2007. The appellant (carrier) appealed the hearing officer’s decision on the sole issue of disability. The claimant responded, urging affirmance.


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 CCH was recorded on one compact disc (CD), which was inaudible.  The CD indicated it contained 31 tracks which were approximately 30 minutes in length. The CD is completely inaudible. The file indicates that there was no court reporter present and the file does not contain a transcript or a tape recording of the CCH proceeding. Consequently, we reverse and remand this case to the hearing officer for reconstruction of the CCH record. See Appeals Panel Decision (APD) 060353, decided April 12, 2006.

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 APD 060721, decided June 12, 2006.

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




Veronica L. Ruberto


Thomas A. Knapp
Appeals Judge

Margaret L. Turner
Appeals Judge