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APD 120040
March 6, 2012

APD 120040

March 6, 2012

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 December 13, 2011, in [City], Texas, with [hearing officer] presiding as hearing officer. The hearing officer resolved the disputed issues by deciding that the compensable injury of [date of injury], does not extend to aggravation of multiple pre-existing conditions including cervical degenerative disc disease, multilevel thoracic disc bulges at T5 through T10 levels, L3-4 and L4-5 disc protrusions and bulges and annular tear at L5-S1. The appellant (claimant) appealed, disputing the hearing officer’s extent-of-injury determinations.  The respondent (carrier) responded, urging affirmance of the disputed extent-of-injury determinations.


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 two compact discs (CD).  The first CD indicated it was 80 minutes in length.  However, the CD is blank.  The second CD is approximately 25 minutes and begins in the middle of testimony from a medical doctor. 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 TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is




Margaret L. Turner
Appeals Judge


Cynthia A. Brown
Appeals Judge

Thomas A. Knapp
Appeals Judge