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 November 12, 2002. The hearing officer determined that respondent (claimant) sustained a compensable injury with a date of injury of ____________, and that she had disability from April 24 through August 22, 2002. Appellant (carrier) appealed these determinations on sufficiency grounds. The file does not contain a response from claimant.
DECISION
The decision and order of the hearing officer have become final pursuant to Section 410.169.
Records of the Texas Workers’ Compensation Commission (Commission) indicate that the decision of the hearing officer was received by the carrier’s Austin representative on November 21, 2002. As provided in Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 156.1(c) (Rule 156.1(c)), “[a]ny notice from the Commission, sent to the designated representative’s Austin address, is notice from the Commission to the insurance carrier.” Pursuant to Section 410.202(a), for an appeal to be considered timely, it must be filed or mailed within 15 days of the date of receipt of the hearing officer’s decision. Section 410.202(d) was amended effective June 17, 2001, to exclude Saturdays, Sundays, and holidays listed in Section 662.003 of the Texas Government Code from the computation of time in which to file an appeal. Fifteen days from the carrier’s receipt of the hearing officer’s decision would have been December 16, 2002. The carrier’s appeal was received by the Commission via facsimile transmission on December 18, 2002, and, therefore, was not timely filed.
The appeal being untimely, the jurisdiction of the Appeals Panel was not properly invoked and the decision and order of the hearing officer have become final under Section 410.169.
According to information provided by carrier, the true corporate name of the insurance carrier is ACE USA/OR and the name and address of its registered agent for service of process is
ROBIN MOUNTAIN
6600 CAMPUS CIRCLE DRIVE EAST, SUITE 200
IRVING, TEXAS 75063.
Judy L. S. Barnes – Appeals Judge
CONCUR:
Gary L. Kilgore – Appeals Judge
Edward Vilano – Appeals Judge