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 30, 2001. The hearing officer concluded that the appellant (claimant herein) did not sustain a compensable injury, that the date of the asserted injury was _____________, that the claimant did not timely report an injury to his low back or right shoulder, and that the claimant did not have disability. The claimant appeals, challenging these determinations. The respondent (carrier herein) replies that the claimant’s appeal is untimely and that the hearing officer’s decision was factually and legally correct.
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 December 10, 2001, under a cover letter of the same date. The hearing officer’s decision was mailed to essentially the same address as was given by the claimant on the appearance sheet for the hearing, which was also the return address on the envelope in which the claimant sent his request for review.
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 Texas Workers’ Compensation Commission Appeal No. 990170, decided March 18, 1999 (Unpublished); Texas Workers’ Compensation Commission Appeal No. 982248, decided November 5, 1998.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 January 16, 2002, but he offers no proof or explanation for the late delivery of the hearing officer’s decision, which would be deemed received on December 15, 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 December 15, 2001, or until January 10, 2002, to mail his request for review to the Commission. A copy of the claimant’s appeal was sent to the Commission by mail postmarked January 31, 2002, which was received on February 15, 2002. 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 PACIFIC EMPLOYERS INSURANCE COMPANY and the name and address of its registered agent for service of process is:
ROBIN MOUNTAIN
6600 CAMPUS CIRCLE DRIVE EAST, SUITE 300
IRVING, TEXAS 75063.
Gary L. Kilgore – Appeals Judge
CONCUR:
Chris Cowan – Appeals Judge
Susan M. Kelley – Appeals Judge