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 June 11, 2001. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ____________, or any other date; that he did not give timely notice of his injury to his employer or have good cause for the failure to give notice; and that his employer at the time of injury (through the doctrine of borrowed servant) was (employer).
The claimant has appealed all determinations against him, arguing that the evidence is to the contrary. The respondent (carrier) responds that the claimant’s appeal is untimely, and that the decision should be affirmed.
DECISION
As the appeal has been filed untimely, the hearing officer’s decision has become final.
The hearing officer’s decision was mailed out on June 18, 2001. According to Tex. W.C. Comm’n 28 TEX. ADMIN. CODE §102.5(d) (Rule 102.5(d), the claimant is deemed to have received this decision five days after the date it was mailed, or June 23, 2001. Section 410.202 requires an appeal to be filed not later than 15 days after the date of receipt; holidays and weekends are not included in this calculation. The due date for the claimant’s appeal was July 16, 2001, but the appeal was not postmarked until July 18, 2001. A copy that was sent by facsimile transmission was sent the day before, July 17, 2001, but was still untimely.
Because the appeal was not filed within the deadlines set forth in the 1989 Act, the decision of the hearing officer became final under Section 410.169, and the Appeals Panel is without jurisdiction to consider the untimely appeal.
Susan M. Kelley
CONCUR:
Thomas A. Knapp – Appeals Judge
Robert W. Potts – Appeals Judge