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 October 28, 2002. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ____________, and that because the claimant did not sustain a compensable injury she did not have disability. The claimant appeals those determinations. There is no response from the respondent (carrier) contained in our file.
DECISION
The hearing officer’s decision and order have become final under Section 410.169 because the claimant’s request for appeal was not timely filed with the Texas Workers’ Compensation Commission (Commission).
Section 410.202(a) provides that “[t]o appeal the decision of a hearing officer, a party shall file a written request for appeal with the appeals panel not later than the 15th day after the date on which the decision of the hearing officer is received from the division and shall on the same date serve a copy of the request for appeal on the other party.” Pursuant to Section 410.202(d), for appeals filed on or after June 17, 2001, Saturdays, Sundays, and holidays listed in Section 662.003 of the Texas Government Code, are not included in the computation of the time in which a request for appeal under subsection (a) or a response under subsection (b) must be filed. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 143.3(c) (Rule 143.3(c)) provides that a request for appeal shall be presumed to be timely filed if it is (1) mailed on or before the 15th day after the date of receipt of the hearing officer’s decision; and (2) received by the Commission not later than the 20th day after the date of receipt of the hearing officer’s decision. Both portions of Rule 143.3(c) must be complied with in order for an appeal to be timely. Texas Workers’ Compensation Commission Appeal No. 94065, decided March 1, 1994; Texas Workers’ Compensation Commission Appeal No. 94111, decided March 10, 1994.
According to Commission records, the hearing officer’s decision was mailed to the claimant on November 4, 2002. The claimant states in her appeal that she received the decision on November 9, 2002. Based on that date of receipt, the 15-day deadline to mail the appeal was December 4, 2002, and the 20-day deadline for Commission receipt was December 11, 2002. The claimant’s appeal is postmarked December 9, 2002, which is after the 15-day deadline. Further, the appeal was not date-stamped as having been received by the Commission until December 12, 2002. The claimant did not satisfy either the 15-day or 20-day deadline. Therefore, the claimant’s appeal is untimely.
The hearing officer’s decision and order 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
MARCUS MERRITT
6600 CAMPUS CIRCLE DRIVE EAST, #200
IRVING, TEXAS 75063.
Roy L. Warren – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Chris Cowan – Appeals Judge