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 December 14, 2000. The hearing officer held that the appellant (claimant) sustained a groin injury on __________, but that he did not give timely notice of his injury to his employer and did not have good cause for such failure. The claimant has appealed this decision. The respondent (carrier) responds.
Because the appeal was untimely, the decision of the hearing officer has become final.
An appeal must be filed not later than 15 days after the party receives the decision from the Hearings Division of the Texas Workers' Compensation Commission (Commission). Section 410.202(a). The decision was sent on December 19, 2000, to the claimant at the address he furnished to the Commission. The decision is deemed, under Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(d) (Rule 102.5(d)), to have been received by the claimant on December 26, 2000 (the great weight of evidence showing that this was the first business day after the holiday), and the appeal was required to be mailed not later than January 10, 2001. Because it was not mailed until January 19, 2001, the decision is untimely, and the hearing officer's decision has become final.
Susan M. Kelley
CONCUR IN THE RESULT:
Elaine M. Chaney
Gary L. Kilgore