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 August 30, 2000. The issue at the CCH was whether the appellant’s (claimant) current back condition is a result of the compensable injury of __________. The hearing officer determined that the claimant’s current back condition is not a result of the compensable injury of __________, finding instead that the sole cause of the claimant’s current back complaints was a robbery and attack. The claimant appeals, contending that he was never attacked or carjacked and never made such a statement to witnesses who so testified at the CCH. The claimant asks that the Appeals Panel reverse the hearing officer’s decision and render a decision that his current back condition is a result of his on-the-job injury of __________. The respondent (carrier) responds that there was sufficient evidence that the compensable injury was not a producing cause of the claimant’s current back complaints and that the sole cause of his complaints was a robbery and attack.
DECISION
A timely appeal not having been filed, the decision and order of the hearing officer have become final pursuant to Section 410.169.
Records of the Texas Workers’ Compensation Commission (Commission) show that the decision of the hearing officer was distributed to the claimant on September 14, 2000, under a cover letter of the same date. The hearing officer’s decision was mailed to the same address as that shown by the claimant on the sign-in sheet for the CCH. The claimant does not state in his appeal when he received the hearing officer’s decision. Under Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(d) (Rule 102.5(d)), unless the great weight of evidence indicates otherwise, the claimant is deemed to have received the hearing officer’s decision on Tuesday, September 19, 2000, five days after it was mailed.
Pursuant to Section 410.202, an appeal must be filed within 15 days of receipt of the hearing officer’s decision. Rule 143.3(c) 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 Commission not later than the 20th day after receipt of the hearing officer’s decision. Both portions of Rule 143.3(c) must be complied with in order for an appeal to be timely. Texas Workers’ Compensation Commission Appeal No. 94065, decided March 1, 1994; Texas Workers’ Compensation Commission Appeal No. 94111, decided March 10, 1994; Texas Workers’ Compensation Commission Appeal No. 941225, decided October 24, 1994. The last day for the claimant to file a timely appeal would have been Wednesday, October 4, 2000, and the last day for the appeal to have been timely received by the Commission was Monday, October 9, 2000. The claimant’s certificate of service recites service on the carrier’s claims administrators on September 28, 2000, the claimant’s cover letter bears the same date, and the envelope in which the claimant’s appeal was mailed shows a postage meter date of September 28, 2000. However, that envelope is stamped to show receipt by the Commission on October 12, 2000, and the claimant’s cover letter and the claimant’s appeal are both stamped to show receipt by the Commission’s Chief Clerk of Proceedings on October 12, 2000.
The Commission’s cover letter sent with the hearing officer’s decision states that all correspondence dealing with the appeal should be addressed to the Appeals Clerk, Hearings; the Commission; Post Office Box 40669; Austin, Texas 78704-0012. The envelope which contained the claimant’s appeal was addressed to the Commission at P. O. Box 17848, Austin, Texas 78760-7848, the Post Office Box formerly rented by the Commission at a different branch post office, and the envelope bears a sticker instructing the Commission to “NOTIFY SENDER OF NEW ADDRESS.” The claimant’s appeal is untimely, having been received by the Commission more than 20 days after the claimant’s receipt of the hearing officer’s decision.
The claimant’s appeal being untimely, the decision of the hearing officer has become final. Section 410.169.
Philip F. O’Neill – Appeals Judge
CONCUR:
Kenneth A. Huchton – Appeals Judge
Gary L. Kilgore – Appeals Judge