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 June 25, and August 29, 2002. The hearing officer determined that the appellant’s (claimant) horseplay was a producing cause of the claimed injury; that the respondent (carrier) is relieved of liability for compensation; and that the claimant has not had disability. The claimant appealed. The carrier responded, arguing that the claimant’s appeal is untimely. In the alternative, the carrier urges affirmance.
DECISION
The hearing officer’s decision has become final pursuant to Section 410.169 because the claimant’s appeal was not timely filed with the Texas Worker’s Compensation Commission (Commission).
Pursuant to Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(d) (Rule 102.5(d)), the hearing officer’s decision is deemed to have been received by the claimant five days after the date the decision was mailed by the Commission. A written request for appeal must be filed within 15 days of the date of receipt of the hearing officer’s decision, excluding Saturdays, Sundays, and holidays listed in Section 662.003 of the Texas Government Code. Sections 410.202(a) and (d). Commission records indicate that the hearing officer’s decision was mailed to the claimant on September 5, 2002; although the claimant asserts that he did not receive the decision until September 12, 2002, he was deemed to have received the decision on September 10, 2002. The last date for the claimant to timely file an appeal was Wednesday, October 2, 2002, and not October 1, 2002, as alleged by the carrier because September 16, 2002, the optional holiday of Yom Kippur, is excluded from the computation of the 15-day period. The postmark and certificate of service show that the appeal was not mailed until October 3, 2002. Therefore, the appeal is untimely.
The appeal being untimely, the jurisdiction of the Appeals Panel was not properly invoked and the decision and order of the hearing officer has become final pursuant to Section 410.169.
The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750, COMMODORE 1
AUSTIN, TEXAS 78701.
Elaine M. Chaney – Appeals Judge
CONCUR:
Veronica L. Ruberto – Appeals Judge
Michael B. McShane – Appeals Judge