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 October 17, 2001, with the record closing on October 18, 2001. She determined that the appellant (claimant) did not sustain a compensable repetitive trauma injury with a date of injury of __________, and did not have disability. The claimant contends on appeal that these determinations are against the great weight of the evidence. The respondent (carrier) contends that the claimant’s appeal should not be considered because it was not timely filed and, alternatively, 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(a), for an appeal to be considered timely, it must be filed or mailed within 15 days of the date of receipt of the hearing officer’s decision. 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). Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 143.3(c) (Rule 143.3(c)) provides that an appeal is presumed to have been timely filed 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 the date of 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.
Although the claimant states in her appeal that she received the decision and order of the hearing officer on October 19, 2001, Commission records indicate that the decision was not mailed to the claimant until October 23, 2001. Under Rule 102.5(h), the claimant is deemed to have received the decision and order five days after the date it is mailed, or on October 28, 2001. Therefore, the appeal was required to be filed no later than November 19, 2001. The claimant’s appeal is not dated, however, the certificate of service is dated November 29, 2001, and the envelope containing the appeal bears an illegible postmark date in December 2001. The appeal was received by the Commission on December 5, 2001. Therefore, the appeal was not mailed within the required 15 days nor received by the Commission after the 20-day deadline set by Rule 143.3(c)(2). Therefore, the decision and order of the hearing officer have become final pursuant to Section 410.169.
The true corporate name of the carrier is EMPLOYERS INSURANCE OF WAUSAU, A MUTUAL COMPANY and the name and address of its registered agent for service of process is
RICK KNIGHT
105 DECKER CT., SUITE 606
IRVING, TEXAS 75062.
Chris Cowan – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Thomas A. Knapp – Appeals Judge