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At a Glance:
Title:
APD 220563
Date:
May 25, 2022

APD 220563

May 25, 2022

This appeal arises pursuant to the Texas Workers’ Compensation Act, Tex. Lab. Code Ann. § 401.001 et seq. (1989 Act). A contested case hearing was held on February 16, 2022, with the record closing on February 22, 2022, in (city), Texas, with (administrative law judge) presiding as the administrative law judge (ALJ). The ALJ resolved the disputed issue by deciding that the compensable injury of (date of injury), does not extend to the following left knee conditions: ganglion cyst and ACL tear, and the following left ankle conditions: talofibular ligament tear and spring ligament complex tear. The appellant (claimant) appealed the ALJ’s extent-of-injury determination. The respondent (carrier) responded, urging affirmance of the ALJ’s determination. We note the address for the carrier’s registered agent for service of process contains a misspelling.

DECISION

Reversed and remanded for reconstruction of the record.

The ALJ’s decision and order states that the following exhibits were admitted into evidence:  ALJ’s exhibits 1 and 2; claimant’s exhibits 1 through 8; and carrier’s exhibits A through G.  The claimant’s exhibit list states that claimant’s exhibit 5 contains two pages; however, the case file provided to us for review does not contain any pages identified as exhibit 5.  Because the record is incomplete, it must be remanded for the addition or reconstruction of the missing exhibits.  See Appeals Panel Decision (APD) 030543, decided April 18, 2003; and APD 210136, decided March 26, 2021.      

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

CORPORATION SERVICE COMPANY
211 EAST 7TH STREET, SUITE 620
AUSTIN, TEXAS 78701-3218.

Carisa Space-Beam
Appeals Judge

CONCUR:

Cristina Beceiro
Appeals Judge

Margaret L. Turner
Appeals Judge

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