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At a Glance:
Title:
APD 210326
Date:
May 5, 2021

APD 210326

May 5, 2021

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 14, 2021, with the record closing on January 26, 2021, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issues by deciding that: (1) the respondent (claimant) reached maximum medical improvement (MMI) on December 17, 2019; and (2) the claimant’s impairment rating (IR) is 10%.

The appellant (self-insured) appealed the ALJ’s MMI and IR determinations. The appeal file does not contain a response from the claimant to the self-insured’s appeal.

DECISION

Reversed and remanded.

This case is remanded for the purpose of compliance with Section 410.164(c) which provides as follows:

(c) At each [CCH], as applicable, the insurance carrier shall file with the [ALJ] and shall deliver to the claimant a single document stating the true corporate name of the insurance carrier and the name and address of the insurance carrier's registered agent for service of process. The document is part of the record of the [CCH].

In this case, the self-insured's information form (ALJ’s Exhibit 2) fails to state the name of the registered agent for service of process (it simply states the self-insured's name). The self-insured is required to provide the name of its registered agent for service of process. See Appeals Panel Decision (APD) 012727, decided December 19, 2001.

Accordingly, this case is remanded for the self-insured to provide the required information for its registered agent for service of process in accordance with Section 410.164(c). We also note that the ALJ’s decision contains a different name and address of the self-insured’s registered agent for service of process than what appears in the information form in the record.

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.

According to the carrier information form in evidence, the true corporate name of the insurance carrier is POLY TRUCKING INC. (a certified self-insured) and the name and address of its registered agent for service of process is

POLY TRUCKING INC.
2000 WEST MARSHALL DRIVE
GRAND PRAIRIE, TEXAS 75051.

Cristina Beceiro
Appeals Judge

CONCUR:

Carisa Space-Beam
Appeals Judge

Margaret L. Turner
Appeals Judge

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