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 November 15, 2000. With regard to the issues before her, the hearing officer determined that the respondent’s (claimant) compensable (back) injury of _________, was a producing cause of a herniated disc at L5-S1.
The appellant (carrier) appealed, contending that the claimant sustained a new injury in early 2000 and that the claimant’s doctor was unaware of the claimant’s lifting activities since his compensable injury. The carrier requests that we reverse the hearing officer’s decision and render a decision in its favor. Claimant 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.
Although the carrier’s appeal recites that the hearing officer’s decision and order were not received by the carrier and its attorney until November 29, 2000, records of the Texas Workers’ Compensation Commission (Commission) show that the hearing officer’s decision was signed for by the carrier’s Austin representative on November 28, 2000. Pursuant to Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 156.1(a) (Rule 156.1(a)) each carrier shall designate an Austin representative to act as agent for receiving notice from the Commission, and, pursuant to Rule 156.1(c), notice to the carrier’s Austin representative is notice from the Commission to the carrier. Therefore, the carrier received the hearing officer’s decision on November 28, 2000, when its Austin representative received it.
Pursuant to Section 410.202 and Rule 143.3(a)(3) an appeal must be filed within 15 days after receipt of the hearing officer’s decision. Rule 143.3(c) provides that an appeal is presumed to be timely filed if it is mailed not later than the 15th day after the date of receipt of the hearing officer’s decision and is received by the Commission not later than the 20th day after receipt of the hearing officer’s decision. The last day for the appeal to have been timely filed or mailed by the carrier was Thursday, December 13, 2000. The carrier’s appeal is dated December 14, 2000, and was sent and received by facsimile transmission on December 14, 2000. Therefore, the carrier’s appeal is untimely, having been mailed and filed after December 13, 2000.
The carrier’s appeal being untimely, the decision of the hearing officer has become final. Section 410.169.
Thomas A. Knapp – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Susan M. Kelley – Appeals Judge