This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on December 14, 1998. He determined that the appellant (claimant) did not sustain a compensable injury and that she did not have disability. Claimant appeals these determinations on sufficiency grounds. Respondent (carrier) responds that claimant’s appeal is untimely and also that there is no error in the hearing officer’s decision and order.
102.5(h) (Rule 102.5(h)). A request for review is timely if it is mailed on or before the 15th day after the date of receipt of the hearing officer’s decision and if it is received by the Commission not later than the 20th day after the date of receipt of the decision. Rule 143.3(c). In this instance, the 15th day after the deemed date of receipt was Tuesday, January 12, 1999. Claimant’s request for review was both mailed and faxed to the Appeals Panel on Thursday, January 14, 1999, which was beyond the 15th day following the deemed date of receipt of the hearing officer’s decision. Therefore, the appeal is untimely.
Because claimant did not timely file her request for review, the request for review did not properly invoke the Appeals Panel’s jurisdiction. Accordingly, the hearing officer’s decision and order became final pursuant to Section 410.169 and Rule 142.16(f).
Judy Stephens – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Elaine M. Chaney – Appeals Judge