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 April 18, 2001. The hearing officer resolved the disputed issue by concluding that the impairment rating (IR) is 14%. The appellant (claimant) appeals, contending that the designated doctor did not correctly assess the IR. The respondent (carrier) replies, alleging first that the claimant’s appeal is untimely, and, second, that the hearing officer’s determinations should be affirmed.
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, to be timely, must be filed or mailed not later than the 15th day after the date of receipt of the hearing officer’s decision. Records of the Texas Workers’ Compensation Commission (Commission) show that the hearing officer’s decision was mailed to the claimant on June 25, 2001, under a cover letter of the same date. The hearing officer’s decision was mailed to the same address as was given by the claimant on the appearance sheet for the hearing.
Under Rule 102.5(d), as amended effective August 29, 1999, unless the great weight of evidence indicates otherwise, the claimant is deemed to have received the hearing officer’s decision five days after it was mailed. The Appeals Panel has held that, where Commission records show mailing on a particular day to the address confirmed by the claimant as being correct, a mere statement that the decision was not received until a later date is not necessarily sufficient to extend the date of receipt past the deemed date of receipt. Texas Workers’ Compensation Commission Appeal No. 990170, decided March 18, 1999 (Unpublished); Texas Workers’ Compensation Commission Appeal No. 982248, decided November 5, 1998. In his purported appeal, the claimant states that he received the hearing officer’s decision on November 15, 2001, but he offers no proof or explanation for the late delivery of the hearing officer’s decision, which would be deemed received on June 30, 2001.
Section 410.202(a) provides that a request for appeal shall be filed not later than the 15th day after the date on which the hearing officer’s decision was received. Section 410.202 was amended effective June 17, 2001, to exclude Saturdays, Sundays, and holidays listed in the Texas Government Code from the computation of time in which to file an appeal. Section 410.202(d). The claimant had 15 days from June 30, 2001, or until July 23, 2001, to mail his request for review to the Commission. A copy of the claimant’s appeal was sent to the Commission by mail postmarked November 19, 2001, which was received on November 26, 2001. The appeal is untimely because it was mailed after the 15-day deadline.
The appeal being untimely, 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.
The true corporate name of the insurance carrier is HOUSTON GENERAL INSURANCE COMPANY and the name and address of its registered agent for service of process is:
BRIAN C. NEWBY
400 WEST 15TH STREET SUITE 710
AUSTIN, TEXAS 78701.
Gary L. Kilgore – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Michael B. McShane – Appeals Judge