Title: 

APD 032007

Significant Decision

Date: 

September 16, 2003

Issues: 

Extent of Injury

Table of Contents

APD 032007

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, 2003. The hearing officer determined that the compensable injury of _____________, includes a right carpometacarpal joint fracture. The appellant (carrier) appealed on sufficiency of the evidence grounds. The appeals file does not contain a response.

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 show that the hearing officer’s decision was distributed on July 7, 2003, and was received by the carrier’s Austin representative on that date. Accordingly, the last date for the carrier to timely file an appeal was July 28, 2003. The carrier’s appeal was postmarked on July 30, 2003, and a copy was faxed to the Commission on that date. 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 TRINITY UNIVERSAL INSURANCE COMPANY and the name and address of its registered agent for service of process is

DOROTHY A. LANGLEY

10000 NORTH CENTRAL EXPRESSWAY

DALLAS, TEXAS 75231.

Edward Vilano

CONCUR:

Chris Cowan – Appeals Judge

Robert W. Potts – Appeals Judge