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APD 151761
October 9, 2015

APD 151761

October 9, 2015

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 August 6, 2015, in Houston, 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), does not extend to aggravation of spondylosis at L5-S1, L5-S1 herniated disc, lumbar radiculopathy, or right knee anterior cruciate ligament (ACL) tear; (2) the date of maximum medical improvement is May 9, 2014; (3) the impairment rating is zero percent; and (4) the appellant (claimant) did not have disability from May 10, 2014, to the present due to the (date of injury), compensable injury.

The claimant appealed all of the hearing officer’s determinations based on sufficiency of the 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 appeal file in this case contains one compact disc and it is completely blank. The file indicates that there was no court reporter and the file does not contain a transcript, or audio recording of the CCH proceeding.  Consequently, we reverse and remand this case 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 AMERICAN ZURICH INSURANCE 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