Following a contested case hearing (CCH) held on July 31, 2000, pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act), the hearing officer, resolved the disputed issues by determining that the appellant (employer) did not make a bona fide offer of employment and the respondent (claimant) did not have disability from December 26, 1999, to March 29, 2000. The employer files a request for review arguing that it did make a bona fide offer of employment to the claimant. There is no response to the employer’s appeal.
DECISION
Finding that the employer lacks standing to appeal because it was not a party to the CCH, we dismiss the appeal.
We have previously held in a number of cases that an employer who is not a party at a CCH has no standing to appeal the decision of a hearing officer. Texas Workers’ Compensation Commission Appeal No. 92110, decided May 11, 1992; Texas Workers’ Compensation Commission Appeal No. 92137, decided May 20, 1992; Texas Workers’ Compensation Commission Appeal No. 92479, decided October 26, 1992; Texas Workers’ Compensation Commission Appeal No. 93133, decided May 6, 1993; Texas Workers’ Compensation Commission Appeal No. 93413, decided July 9, 1993; Texas Workers’ Compensation Commission Appeal No. 94069, decided March 1, 1994.
The employer’s appeal is dismissed for lack of standing to appeal the decision of the hearing officer since the employer was not a party to the CCH.
Gary L. Kilgore – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Tommy W. Lueders – Appeals Judge