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 26, 2002. The hearing officer resolved the disputed issues by deciding that the respondent (carrier) is relieved of liability under Section 409.002 because of the claimant’s failure to timely notify his employer pursuant to Section 409.001; that because the claimant did not give timely notice, he did not sustain a compensable injury; and that because the claimant did not sustain a compensable injury, he does not have disability. The appellant (claimant) appealed and the carrier responded.
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).
The applicable law governing this case, Section 410.202 and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE §143.3(c) (Rule 143.3(c)), requires that 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 and received by the Commission not later than the 20th day after the date of receipt of the hearing officer’s decision. Section 410.202 was amended June 17, 2001, to exclude Saturdays, Sundays, and holidays listed in Section 662.003 of the Texas Government Code in the computation of the 15-day appeal and response periods. The hearing officer’s decision was distributed on July 11, 2002. Pursuant to Rule 102.5(d), the claimant is deemed to have received this decision on July 16, 2002. In accordance with amended Section 410.202, the appeal was due on August 6, 2002. The only copy of the claimant’s appeal in the file was faxed to the Commission on August 29, 2002. Thus, the appeal is untimely and, by operation of Section 410.169, the hearing officer’s decision has become final.
The true corporate name of the insurance carrier is TEXAS MUTUAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
MR. RUSSELL R. OLIVER, PRESIDENT
221 WEST 6TH STREET
AUSTIN, TEXAS 78701.
Margaret L. Turner – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Philip F. O’Neill – Appeals Judge