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APD 091025
September 3, 2009

APD 091025

September 3, 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 20, 2009. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained disability resulting from the compensable injury from July 23 through December 8, 2008; the post-injury earnings available based on the bona fide offer of employment are $440.00 per week; and the claimant is entitled to partial temporary income benefits (TIBs) in the amount of $5,033.96.

The carrier (appellant) appealed, disputing the hearing officer’s determinations regarding disability and the amount of partial TIBs to which the claimant is entitled. The appeal file does not contain a response from the claimant to the carrier’s appeal.


Reversed and remanded for reconstruction of the record.

Section 410.203(a)(1) requires the Appeals Panel to consider the record developed at the CCH. The CCH was recorded on one compact disc (CD). The CD indicated it contained 60 tracks which were approximately 59 minutes in length. The CD is completely inaudible. The file indicates that there was no court reporter 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 LIBERTY MUTUAL FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is




Margaret L. Turner
Appeals Judge


Thomas A. Knapp
Appeals Judge

Veronica L. Ruberto
Appeals Judge