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APD 160770
May 31, 2016

APD 160770

May 31, 2016

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 5, 2016, in Lufkin, Texas, with (hearing officer) presiding as hearing officer. The hearing officer resolved the disputed issues by deciding that the appellant (claimant) is not entitled to supplemental income benefits for the first and second quarters.

The claimant appealed the hearing officer’s determination based on sufficiency of the evidence. The respondent (self-insured) responded, urging affirmance of the hearing officer’s determination.


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 does not contain an audio recording or a transcript of the CCH. Consequently, we reverse and remand this case to the hearing officer who presided over the April 5, 2016, CCH, if possible, 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 WAL MART ASSOCIATES, INC. (a certified self-insured) and the name and address of its registered agent for service of process is



DALLAS, TEXAS 75201-3136.

Carisa Space-Beam
Appeals Judge


K. Eugene Kraft
Appeals Judge

Margaret L. Turner
Appeals Judge