Pursuant to Section 410.202(a), a written request for appeal must be filed within 15 days of the date of receipt of the hearing officer’s decision. Section 410.202 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. Section 410.202(d). Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 143.3(e) (Rule 143.3(e)) provides that an appeal is presumed to have been timely filed if it is mailed not later than the 15th day after the date of receipt of the hearing officer’s decision and received by the Texas Workers’ Compensation Commission (Commission) not later than the 20th day after the date of receipt of the hearing officer’s decision. Both portions of Rule 143.3(e) must be satisfied in order for an appeal to be timely. Texas Workers’ Compensation Commission Appeal No. 002806, decided January 17, 2001.
Records of the Commission indicated that the hearing officer’s decision was mailed to the claimant on May 11, 2005. Pursuant to Rules 102.5(d) and 143.3(d)(1), unless the great weight of evidence indicates otherwise, the claimant was deemed to have received the hearing officer’s decision 5 days later, or on Monday, May 16, 2005. The claimant does not allege in his appeal the date of his receipt of the Decision and Order of the hearing officer.
With the deemed date of receipt of May 16, 2005, in accordance with amended Section 410.202, the appeal needed to be filed or mailed no later than June 7, 2005. We note that Memorial Day, which fell on Monday, May 30, 2005, is listed as a national holiday in Texas Government Code Section 662.003(a) and is thus excluded in computing the 15-day appeal period. The claimant’s request for review was filed with the Commission by hand delivery on June 9, 2005. A copy of the claimant’s request for review was also transmitted to the Commission via facsimile transmission on June 9, 2005. Since the appeal was neither mailed nor filed on or before June 7, 2005, the appeal is untimely.
Having determined that the hearing officer’s decision and order have become final under Section 410.169 because a timely appeal was not filed with the Commission, the Appeals Panel does not have jurisdiction to review the hearing officer’s decision.
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
RUSSELL RAY OLIVER, PRESIDENT
6210 HIGHWAY 290 EAST
AUSTIN, TEXAS 78723.
Margaret L. Turner
CONCUR:
Thomas A. Knapp – Appeals Judge
Robert W. Potts – Appeals Judge