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 March 13, 2000. The appellant (claimant) and the respondent (carrier) stipulated that on __________, the claimant sustained a compensable injury that affected his cervical and lumbar spine. The hearing officer determined that the claimant did not exhibit any documented cervical symptoms until December 30, 1996; that between December 30, 1996, and December 15, 1999, the claimant did not receive any documented medical treatment for his cervical symptoms; that the claimant experienced a new and/or intervening cervical condition during the early part of December 1999; that the claimant’s original compensable injury did not cause or aggravate his cervical spondylosis; and that the compensable injury is not a producing cause of the claimant’s cervical spondylosis. The claimant appealed, stated why he disagreed with the decision of the hearing officer, and requested that the Appeals Panel reverse the decision of the hearing officer and render a decision in his favor. The carrier responded, contending that the claimant’s appeal was not timely filed. In the alternative, the carrier urged that the evidence is sufficient to support the decision of the hearing officer and requested that it be affirmed.
DECISION
A timely appeal not having been filed, the decision and order of the hearing officer have become final under the provisions of Section 410.169.
Section 410.202(a) and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 143.3(c) (Rule 143.3(c)) provide that to 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 of hearings of Texas Workers’ Compensation Commission (Commission). Rule 102.5(a) states that all communications sent to a claimant will be sent to the most recent address provided in any verbal or written communication from the claimant. Rule 102.5(d) provides, in part:
For purposes of determining the date of receipt for written communications sent by the Commission which require the recipient to perform an action by a specific date after receipt, unless the great weight of evidence indicates otherwise, the Commission shall deem the received date to be five days after the date mailed.
Records of the Commission indicate that a letter dated March 23, 2000, with the hearing officer’s decision attached to it, was sent to the claimant and the carrier on March 23, 2000. The letter was addressed to the claimant at the address that he provided at the CCH, which is the same address to which the notice of the CCH was sent. In his appeal, the claimant stated that he received the decision of the hearing officer on April 4, 2000. However, the claimant did not provide an explanation why the letter dated March 23, 2000, was not received until April 4, 2000, 12 days after it was mailed. The great weight of the evidence does not show receipt later than the deemed date of receipt. Texas Workers’ Compensation Commission Appeal No. 000785, decided May 24, 2000. The claimant is deemed to have received the decision of the hearing officer on Tuesday, March 28, 2000. The 15th day after March 28, 2000, is Wednesday, April 12, 2000. That was the last day for the claimant timely to file an appeal. The claimant’s appeal is dated April 13, 2000; was mailed on that date; and was not timely filed.
Section 410.169 provides that a decision of a hearing officer is final in the absence of a timely appeal. Since the claimant’s appeal was not timely filed, the decision of the hearing officer became final under the provisions of Section 410.169.
Tommy W. Lueders – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Alan C. Ernst – Appeals Judge