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APD 110274
April 7, 2011

APD 110274

April 7, 2011

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 January 28, 2011. With regard to the only issue before him, the hearing officer determined that the compensable injury of ___________, does not include chondromalacia of the right knee, osteoarthritis of the right knee, and medial femoral condyle arthritis of the right knee.

The appellant (claimant) appealed, contending that the designated doctor’s opinion was not contrary to the preponderance of the medical evidence. 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 indicates that it contained one track which was approximately 58 minutes in length. The CD however is silent. 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) 100512, decided June 3, 2010.

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 EXPLORER INSURANCE COMPANY and the name and address of its registered agent for service of process is




Thomas A. Knapp


Cynthia A. Brown
Appeals Judge

Margaret L. Turner
Appeals Judge