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 March 27, 2001. With respect to the issues before her, the hearing officer determined that the appellant (claimant) did not sustain a compensable injury on __________, or November 16, 2000, and that he did not have disability. In his appeal, the claimant essentially argues that those determinations are against the great weight of the evidence. In its response to the claimant’s appeal, the respondent (carrier) urges affirmance.
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 is presumed to be timely if it is mailed not later than the 15th day after the date of receipt of the hearing officer’s decision and received by the Texas Workers’ Compensation Commission (Commission) not later than the 20th day after receipt of the hearing officer’s decision. Both portions of Rule 143.3(c) must be complied with in order for an appeal to be timely. Texas Workers’ Compensation Commission Appeal No. 94065, decided March 1, 1994; Texas Workers’ Compensation Commission Appeal No. 94111, decided March 10, 1994; Texas Workers’ Compensation Commission Appeal No. 941225, decided October 24, 1994. Records of the Commission show that the hearing officer’s decision was mailed to the claimant on April 17, 2001, under a cover letter of the same date. The claimant does not state in his appeal when he received the hearing officer’s decision; however, pursuant to Rule 102.5, the claimant was deemed to have received the hearing officer’s decision five days after it was mailed to him, or on April 22, 2001. Accordingly, the claimant had 15 days, or until Monday, May 7, 2001, to file a request for review with the Commission. The Commission never received a copy of the appeal from the claimant. Rather, it received a response to the claimant’s appeal from the carrier on May 7, 2001, at which point the Commission contacted the law firm representing the carrier and asked that a copy of the claimant’s appeal be sent by facsimile to the Commission. The Commission received a copy of the appeal from the carrier on May 10,
2001. No appeal having been received from the claimant, 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.
Elaine M. Chaney – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Michael B. McShane – Appeals Judge