Your FREE and easy resource for all things Texas workers' compensation
At a Glance:
APD 141069
July 7, 2014

APD 141069

July 7, 2014

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 7, 2014, in Lufkin, Texas, with [hearing officer] presiding as hearing officer. The hearing officer resolved the disputed issues by deciding that: (1) the respondent (claimant) sustained a compensable injury in the course and scope of his employment with employer; (2) the date of injury is [date of injury]; (3) the appellant (carrier) is not relieved from liability under Section 409.002 because of the claimant’s alleged failure to timely notify his employer of an injury pursuant to Section 409.001; and (4) the claimant had disability resulting from the compensable injury of [date of injury], from March 15, 2013, through the date of the CCH, but at no other times. The carrier appealed, disputing the hearing officer’s determinations of compensability, date of injury, the claimant’s timely notice to employer, and disability. The claimant responded, urging affirmance of the disputed determinations.


Reversed and remanded for reconstruction of the record.

Section 410.203(a)(1) requires the Appeals Panel to consider the record at the CCH. The appeal file contains one compact disc (CD). The CD reflects that it is one hour, eight minutes and thirty-nine seconds long but contains no audible arguments or testimony. 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 RETAILERS CASUALTY INSURANCE COMPANY and the name and address of its registered agent for service of process is



AUSTIN, TEXAS 78701-3218.

Margaret L. Turner
Appeals Judge


Veronica L. Ruberto
Appeals Judge

Carisa Space-Beam
Appeals Judge