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 February 23, 1999. The issue at the CCH was what is the appellant’s (claimant) impairment rating (IR). The hearing officer determined that the claimant’s IR is zero percent as determined by Dr. B, the Texas Workers’ Compensation Commission (Commission)-appointed designated doctor. The claimant appealed, contending that Dr. B did not review all records at his disposal, was not qualified in this area of medicine (asthma), and “[h]as a History of Poor Judgment in Diagnosis of Medical Problems and Patient care which extended Back Several Years and led to [Dr. B’s] Being Disciplined by the Texas State Board of Medical examiners.” The respondent (carrier) responds that the designated doctor’s opinion is not against the great weight of the other medical evidence, that it is appropriate, and that documents not in evidence at the CCH should not be considered (apparently referring to the documents from the Texas State Board of Medical Examiners).
DECISION
Because the record of the proceedings and the evidence considered have not been received, although requested, and there is no record to review pursuant to Section 410.203, we reverse and remand.
The Appeals Panel cannot render an informed decision in this case on the merits of the appeal and response without a complete record of the proceedings, evidence, and decision. Accordingly, the decision and order of the hearing officer are reversed and the case remanded for reconstruction of the record or the forwarding of the CCH record if it can be located. At such time, the parties should be advised that a new decision has been rendered or the decision has been reissued and that any appeal or response must be reasserted and filed in this case, if desired. Texas Workers’ Compensation Commission Appeal No. 961101, decided July 19, 1996.
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 Commission’s Division of Hearings, pursuant to Section 410.202. See Texas Workers’ Compensation Commission Appeal No. 92642, decided January 20, 1993.
Susan M. Kelley – Appeals Judge
CONCUR:
Stark O. Sanders, Jr. – Chief Appeals Judge
Judy L. Stephens – Appeals Judge