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 24, 2024, 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 appellant (claimant) reached maximum medical improvement (MMI) on April 19, 2023; (2) the claimant’s impairment rating (IR) is seven percent; and (3) the claimant did not have disability resulting from the compensable injury of (date of injury), from April 20, 2023, through the date of the CCH. The claimant appealed, disputing the ALJ’s determinations of MMI, IR, and disability. The respondent (carrier) responded, urging affirmance of the disputed determinations.
DECISION
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. There was no audio recording in the appeal file. The file does not contain a transcript of the proceeding. Consequently, we reverse and remand this case to the ALJ who presided over the April 24, 2024, CCH, if possible, for reconstruction of the CCH record. See Appeals Panel Decision (APD) 190446, decided May 1, 2019.
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 GREAT AMERICAN ALLIANCE INSURANCE COMPANY and the name and address of its registered agent for service of process is
UNITED AGENT GROUP, INC.
5444 WESTHEIMER ROAD, #1000
HOUSTON, TEXAS 77056-5318.
Margaret L. Turner – Appeals Judge
CONCUR:
Cristina Beceiro – Appeals Judge
Carisa Space-Beam – Appeals Judge