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APD 111040
August 24, 2011

APD 111040

August 24, 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 June 13, 2011. The hearing officer determined that the respondent (claimant) sustained a compensable injury on (date of injury), and that the claimant had disability beginning August 20, 2010, through the date of the CCH.

The appellant (carrier) appealed, contending that the designated doctor’s opinion should be disregarded and that the hearing officer’s decision is not supported by the medical evidence. The claimant 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 2 hours, 47 minutes and 26 seconds in length. Much of the CD is inaudible due to staccato background noise. The last 20 minutes of the CD were reasonably audible. 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.

We also note that the carrier’s name in the hearing officer’s decision and order differs from the Insurance Carrier Information form. The hearing officer, on remand, is to determine the correct name of the insurance carrier.

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




Thomas A. Knapp


Cynthia A. Brown
Appeals Judge

Margaret L. Turner
Appeals Judge