Title: 

APD 030803

Significant Decision

Date: 

May 21, 2003

Issues: 

SIBS-First Quarter

Table of Contents

APD 030803

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 February 26, 2003. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits for the first quarter. The claimant appeals the determination of nonentitlement for the first quarter. The respondent (carrier) urges affirmance.

DECISION

The decision and order of the hearing officer have become final pursuant to Section 410.169.

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. Section 410.202(a) and (d). Texas Workers’ Compensation Commission (Commission) records indicate that the hearing officer’s decision was mailed to the claimant on March 7, 2002. The request for review indicates that the claimant received the hearing officer’s decision on March 12, 2003. The last date for the claimant to timely file an appeal was April 2, 2003. The appeal was mailed to the Commission on April 3, 2003. The appeal is, therefore, 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 ZURICH AMERICAN INSURANCE COMPANY and the name and address of its registered agent for service of process is

GEORGE MICHAEL JONES

9330 LBJ FREEWAY, SUITE 1200

DALLAS, TEXAS 75243.

Edward Vilano

CONCUR:

Judy L. S. Barnes – Appeals Judge

Veronica L. Ruberto – Appeals Judge