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 18, 2000. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the 12th quarter. The claimant appeals, urging that he is entitled to SIBs because he made a good faith effort to seek employment during every week of the qualifying period. The respondent (carrier) replies that the hearing officer’s decision is supported by sufficient evidence and should be affirmed.
DECISION
A timely appeal not having been filed, the decision and order of the hearing officer have become final pursuant to Section 410.169.
Pursuant to Section 410.202 and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 143.3(c) (Rule 143.3(c)), an appeal, to be timely, must be filed or mailed not later than the 15th day after the date of receipt of the hearing officer’s decision. Records of the Texas Workers’ Compensation Commission (Commission) show that the hearing officer’s decision was distributed to the claimant on April 25, 2000, with a cover letter of the same date. The address to which the hearing officer’s decision was sent is the same as the return address on the envelope containing the claimant’s appeal.
The claimant states that he received the decision on April 30, 2000, which was a Sunday. The claimant had 15 days, or until Monday, May 15, 2000, to mail his request for review to the Commission. The certificate of service in the claimant’s appeal indicates service on the carrier’s attorney on May 10, 2000. The carrier’s response states that the claimant’s appeal was received on May 22, 2000. The envelope which contained the copy of the claimant’s appeal which was mailed to the Commission is postmarked May 18, 2000. The appeal is untimely, having been mailed after the 15-day deadline.
The claimant’s appeal being untimely, the jurisdiction of the Appeals Panel was not properly invoked and the decision and order of the hearing officer have become final under Section 410.169.
Dorian E. Ramirez – Appeals Judge
CONCUR:
Philip F. O’Neill – Appeals Judge
Robert W. Potts – Appeals Judge