Title: 

APD 001007

Significant Decision

Date: 

June 22, 2000

Issues: 

Disabilty/Existence-Duration, Existence of Compensable Inj

Table of Contents

APD 001007

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 April 3, 2000. With respect to the issues before her, the hearing officer determined that the appellant (claimant) did not sustain a compensable injury on __________, and that he did not have disability. The claimant mailed a copy of the blue brochure of the Texas Workers’ Compensation Commission (Commission) regarding AReview 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 appeals file does not contain a response to the purported appeal from the respondent (carrier)

DECISION

The Appeals Panel has held that where a claimant files only a signed copy of the previously described brochure, this is not sufficient to serve 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.

Elaine M. Chaney – Appeals Judge

CONCUR:

Robert E. Lang

Appeals Panel

Section Manager

Robert W. Potts – Appeals Judge