Title: 

APD 000574

Significant Decision

Date: 

April 28, 2000

Issues: 

Course & Scope of Employment

Table of Contents

APD 000574

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on February 28, 2000. The hearing officer determined that appellant (claimant) did not sustain an injury in the course and scope of employment on __________ and did not have disability. The claimant mailed a copy of the blue brochure of the Texas Workers’ Compensation Commission (Commission) regarding “Review of Claims Disputes by the Commission’s Appeals Panel” with the certificate of service portions filled in and signed and no other information added to the printed brochure. The respondent (carrier) responds that the evidence is sufficient to support the determinations of the hearing officer and his decision and order should be affirmed.

DECISION

The Appeals Panel has held that where a claimant files only a signed copy of the previously described brochure, this is not adequate as an appeal because the claimant “did not adequately state the grounds upon which review was requested nor indicate disagreement with any portion of that decision.” Texas Workers’ Compensation Commission Appeal No. 94973, decided September 1, 1994; Texas Workers’ Compensation Commission Appeal No. 000452, decided April 13, 2000. In this case, claimant did not indicate on the brochure the case that was being appealed or what portions of any decision he disagreed with. Because an adequate appeal was not filed, the Appeals Panel’s jurisdiction has not been invoked.

The hearing officer’s decision and order has become final. Section 410.169.

Judy L. Stephens

CONCUR:

Susan M. Kelley – Appeals Judge

Gary L. Kilgore – Appeals Judge