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 3, 2000. He determined that the appellant (claimant) was not entitled to her 14th quarter of supplemental income benefits (SIBs) due to the failure that she could “not show that she was entitled to a specific amount” of SIBs.
The claimant appeals, pointing out that the hearing officer’s decision was sent to the wrong address. She merely asks that the case be reopened. The respondent (carrier) responds, arguing that the appeal is untimely, and that the decision was correct.
DECISION
As the appeal is untimely, the Appeals Panel has no jurisdiction to consider the appeal.
Although the hearing officer’s decision appears to have been sent to the wrong address by the Texas Workers’ Compensation Commission, the claimant states in her appeal that she received a copy of the decision from the carrier on October 24, 2000. She did not file an appeal until November 27, 2000, in excess of the 15-day time limit for appealing under Section 410.202. Therefore, the Appeals Panel has lost jurisdiction of the matter and the decision regarding the 14th quarter of SIBs has become final.
Susan M. Kelley – Appeals Judge
CONCUR:
Kenneth A. Huchton – Appeals Judge
Robert E. Lang
Appeals Panel
Manager/Judge