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APD 180373
April 4, 2018

APD 180373

April 4, 2018

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 January 9, 2018, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issue by deciding that the (date of injury), compensable injury does not extend to a lumbar sprain, lumbar strain, or lumbar radiculopathy. The appellant (claimant) appealed the ALJ’s determination. The respondent (carrier) responded, urging affirmance of the appealed determination.


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.  No audio recording of the CCH is available for review.  The file does not contain a transcript or an audio recording of the proceeding.  Consequently, we reverse and remand this case to the ALJ who presided over the January 9, 2018, 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 ALJ, 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 NEW HAMPSHIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is




Carisa Space-Beam
Appeals Judge


Cristina Beceiro
Appeals Judge

Margaret L. Turner
Appeals Judge