This appeal arises under the Texas Workers’ Compensation Act., TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). On December 6, 1995, a contested case hearing (CCH) was held in ________, Texas, with ________ presiding. In response to the sole issue before her, the hearing officer determined that claimant did not injure his back at the time he had a compensable left knee injury.
____________, presumably acting for the claimant, filed an appeal challenging the sufficiency of the hearing officer’s decision. Respondent, carrier, responds that the decision is supported by the evidence and requests that we affirm the decision.
DECISION
Finding that the request for review was not timely made, the decision of the hearing officer is final. See Sections 410.169 and 410.202.
The decision of the hearing officer was forwarded to the parties by cover letter dated December 11, 1995, and distributed on December 12, 1995. Claimant does not state in his appeal when he received the decision, so the provisions of Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(h) (Rule 102.5(h)) are invoked. Rule 102.5(h) provides:
(h)For purposes of determining the date of receipt of those notices and other written communications which require action by a date specific after receipt, the commission shall deem the received date to be five days after the date mailed.
In that the decision was mailed on December 12, 1995, the “deemed” date of receipt is December 17, 1995. Section 410.202 provides that an appeal shall be filed with the Appeals Panel “not later than the 15th day after the date on which the decision of the hearing officer is received . . . . ” If the “deemed” receipt date is December 17, 1995, 15 days from that date would be Monday, January 1, 1996. Rule 102.3(a)(3) provides that if the last day of a period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday or legal holiday. We note that January 1, 1996, was New Year’s Day, a legal holiday, so the statutory date for filing an appeal is extended to Tuesday, January 2, 1996.
Claimant’s appeal is dated January 3, 1996, and the certificate of service states the appeal was served on the opposing party on January 3, 1996. The Appeal was forwarded to the Texas Workers’ Compensation Commission by Airborne Express and the airbill does not have a date but the appeal was received on January 5, 1996. In that, the appeal was filed beyond the statutory 15 days accorded in Section 410.202 (being after January 2, 1996) the appeal was not timely filed, having apparently been sent one day after the final allowable date for mailing.
Section 410.169 states the decision of the hearing officer is final in the absence of a timely appeal. Determining the appeal was not timely filed, as set forth above, we have no jurisdiction to review the hearing officer’s decision.
With no timely appeal, the decision and order of the hearing officer are final.
Thomas A. Knapp – Appeals Judge
CONCUR:
Stark O. Sanders, Jr. – Chief Appeals Judge
Joe Sebesta – Appeals Judge