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 begun on December 7, 2001. The parties identified one issue that had been sent to the CCH from a benefit review conference held on July 11, 2001: Is the appellant (claimant) entitled to lifetime income benefits (LIBs)? As the hearing began, the hearing officer was informed by the claimant and the respondent’s (carrier) attorney that the claimant wished to withdraw the issue of LIBs from the CCH at that time and that the carrier agreed to the claimant’s request to withdraw the issue. The hearing officer confirmed on the record that the parties still wished to withdraw the issue, and the agreement was memorialized in Hearing Officer’s Exhibit No. 3. The parties stipulated to venue, employment, and workers’ compensation insurance coverage. The hearing officer then went ahead and prepared a Decision and Order which essentially summarized the events that occurred at the short CCH session. The claimant submitted a timely request for review which basically agrees with events set out by the hearing officer in the Decision and Order, and then refers to several matters completely separate from the subject matter of the Decision and Order. The carrier has responded, taking the position that the claimant’s submission does not amount to an appeal, or, if it does, that the hearing officer should be affirmed. A second letter from the claimant, bearing the same claim number as this case, was received by the Texas Workers’ Compensation Commission (Commission) on February 4, 2002, but does not contain anything relevant to the agreement to withdraw the LIBs issue.
DECISION
The above communication does not meet the minimum requirements of an appeal; the decision and order of the hearing officer are final.
Section 410.202(c) provides that “a request for appeal . . . must clearly and concisely rebut . . . the decision of the hearing officer on each issue on which review is sought.” The Appeals Panel in Texas Workers’ Compensation Commission Appeal No. 951079, decided August 16, 1995, and Texas Workers’ Compensation Commission Appeal No. 951478, decided October 17, 1995, found that appeals had not been made. Those two cases did at least indicate that the appellant sought to appeal, but the only document submitted by the claimant in this case does not indicate any disagreement with the hearing officer’s decision and order. See also Texas Workers’ Compensation Commission Appeal No. 951911, decided December 19, 1995.
We have liberally interpreted Section 410.202(c) to allow a simple statement of disagreement with the hearing officer’s decision to suffice as an appeal. However, in this case, the document filed by the claimant fails to state any disagreement or dispute with the hearing officer’s decision and simply cannot be considered as a request for review under Section 410.202(c). Texas Workers’ Compensation Commission Appeal No. 94973, decided September 1, 1994; Texas Workers’ Compensation Commission Appeal No. 93998, decided December 14, 1993. To the contrary, in this instance, as in Appeal No. 951079, supra, the document filed by the claimant leaves us “with little more than speculation and conjecture as to what aspects of the decision, if any, are being appealed.” That is, “[i]t neither articulates reasons for disagreement with the determinations of the hearing officer, nor does it distinguish the findings and conclusions as to which a review is sought.” Appeal No. 951911, supra; see also, Appeal No. 951478, supra. Accordingly, we find the claimant’s submission insufficient to serve as an appeal.
The jurisdiction of the Appeals Panel not having been properly invoked, the decision and order have become final under Section 410.169.
The true corporate name of the insurance carrier is BANKERS STANDARD INSURANCE COMPANY and the name and address of its registered agent for service of process is
ROBIN MOUNTAIN
ACE USA
6600 EAST CAMPUS CIRCLE DRIVE, SUITE 200
IRVING, TEXAS 75063.
Michael B. McShane – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Edward Vilano – Appeals Judge