On January 3, 2000, a contested case hearing (CCH) was held. The CCH was held under the provisions of the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN § 401.001 et seq. (1989 Act). The hearing officer resolved the disputed issues by deciding that appellant (claimant) did not sustain a compensable mental trauma injury and that claimant has not had disability. Claimant requests that the hearing officer’s decision be reversed and that a decision be rendered in her favor. Respondent (carrier) requests that the hearing officer’s decision be affirmed.
DECISION
Claimant’s appeal was not timely filed. Thus, it did not invoke the jurisdiction of the Appeals Panel and the hearing officer’s decision and order have become final under Section 410.169.
Section 410.202(a) provides that “[t]o appeal the decision of a hearing officer, a party shall file a written request for appeal with the appeals panel not later than the 15th day after the date on which the decision of the hearing officer is received from the division and shall on the same date serve a copy of the request for appeal on the other party.” Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 143.3(c) (Rule143.3(c)) provides that a request for appeal shall be presumed to be timely filed if it is: (1) mailed on or before the 15th day after the date of receipt of the hearing officer’s decision, and (2) received by the Texas Workers’ Compensation Commission (Commission) not later than the 20th day after the date of receipt of the hearing officer’s decision. Under Rule 102.5(d), as amended, unless the great weight of the evidence indicates otherwise, claimant is deemed to have received the hearing officer’s decision five days after the date it was mailed. The Appeals Panel has previously held that, with regard to the timeliness of a carrier’s appeal, the five-day deemed date of receipt in prior Rule 102.5(h) did not control over an earlier signed acknowledgment of receipt. Texas Workers’ Compensation Commission Appeal No. 950972, decided August 7, 1995.
Records of the Commission reflect that the hearing officer’s decision was mailed to claimant on January 25, 2000. In response to carrier’s questioning of the timeliness of her appeal, claimant states that she received a copy of the hearing officer’s decision on January 26, 2000, and mailed her appeal on February 14, 2000. The 15th day after January 26, 2000, was Thursday, February 10, 2000, and the 20th day after January 26, 2000, was Tuesday, February 15, 2000. Claimant’s appeal is dated February 13, 2000, and the envelope in which it was mailed to the Commission is postmarked February 14, 2000. The appeal was received by the Commission on February 16, 2000. We conclude that claimant’s appeal was not timely filed.
Pursuant to Section 410.169, a decision of a hearing officer regarding benefits is final in the absence of a timely appeal. The hearing officer’s decision and order have become final under Section 410.169.
Robert W. Potts – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Elaine M. Chaney – Appeals Judge