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 October 9, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) did not sustain a compensable repetitive trauma injury because the claimant failed to timely report the injury to the employer; that the date of injury was on or before __________; that the appellant (carrier) is relieved of liability under Section 409.002 because of the claimant’s failure to timely notify the employer of the injury under Section 409.001; and that the claimant has not had disability because he did not sustain a compensable injury. The hearing officer ordered that the carrier is not liable for benefits. The carrier appealed the hearing officer’s findings that the claimant sustained damage to the physical structure of his body occurring as a result of repetitious, physically traumatic activities that occurred over time and arose out of and in the course and scope of his employment with the employer, and that due to the claimed injury, the claimant was unable to obtain and retain employment at wages equivalent to his preinjury wage from May 2, 2001, through August 19, 2001. No appeal or response was received from the claimant.
DECISION
Finding that the carrier’s appeal was conditioned upon the filing of an appeal by the claimant and that, the claimant has not filed an appeal, we dismiss the carrier’s appeal and determine that the decision and order of the hearing officer have become final pursuant to Section 410.169.
Although the carrier’s appeal was not expressly made conditional on the filing of an appeal by the claimant, we will treat it as a conditional appeal because the carrier prevailed at the CCH and is not aggrieved by the hearing officer’s decision and order. See Texas Workers’ Compensation Commission Appeal No. 990212, decided March 18, 1999.
The carrier’s appeal is dismissed. The hearing officer’s decision has become final under Section 410.169.
The true corporate name of the insurance carrier is PACIFIC EMPLOYERS INSURANCE and the name and address of its registered agent for service of process is
MS. ROBIN MOUNTAIN
6600 E. CAMPUS CIRCLE DRIVE, SUITE 200
IRVING, TEXAS 75063.
Robert W. Potts – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge