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APD 142119
December 1, 2014

APD 142119

December 1, 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 15, 2014, in Lufkin, Texas, with [hearing officer] presiding as hearing officer. The hearing officer resolved the disputed issues by deciding that: (1) the compensable injury of [Date of Injury], extends to bilateral shoulder sprains/strains; (2) the compensable injury of [Date of Injury], does not extend to bilateral rotator cuff tear arthritis, right shoulder rotator cuff syndrome, and right shoulder rotator cuff tear; the appellant (claimant) reached maximum medical improvement (MMI) on April 22, 2013; and (3) the claimant’s impairment rating (IR) is six percent.

The claimant appealed, disputing the hearing officer’s determinations of extent of injury that were not favorable to him, as well as the MMI and IR determinations.  The respondent (carrier) 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 developed at the CCH.  The appeal file in this case contains one compact disc (CD) and it is completely blank. The file indicates that there was no court reporter and the file does not contain a transcript, or tape recording of the CCH proceeding.  Consequently, we reverse and remand this case to the hearing officer who presided over the April 15, 2014, CCH, if possible, for reconstruction of the CCH record. See Appeals Panel Decision (APD) 060353, decided April 12, 2006. No new evidence should be admitted on remand. See APD 031163, decided June 17, 2003, and APD 041970, decided October 4, 2004.

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 TRAVELERS INDEMNITY COMPANY and the name and address of its registered agent for service of process is




AUSTIN, TEXAS 78701-3218.

Veronica L. Ruberto
Appeals Judge


Carisa Space-Beam
Appeals Judge

Margaret L. Turner
Appeals Judge