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APD 101181
October 5, 2010

APD 101181

October 5, 2010

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 July 19, 2010. The hearing officer resolved the disputed issue by deciding that the preponderance of the evidence is not contrary to the decision of the Independent Review Organization (IRO) that the appellant (claimant) is not entitled to a re-do lumbar laminectomy at levels L3-S1, posterior lumbar interbody fusion at levels L4-5 and posterolateral fusion with pedicle screw fixation at levels L3-S1 with a four day in-patient hospital stay for the compensable injury of ____________. The claimant appealed, disputing the hearing officer’s determination that the preponderance of the evidence is not contrary to the IRO decision. The respondent (carrier) responded, urging affirmance.


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 one track which was approximately one hour and five 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 ACE AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is




Margaret L. Turner


Cynthia A. Brown
Appeals Judge

Thomas A. Knapp
Appeals Judge