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At a Glance:
Title:
APD 010633
Date:
May 2, 2001

APD 010633

May 2, 2001

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 January 30, 2001. The hearing officer determined that appellant (claimant) did not sustain a compensable mental trauma injury, that she did not have disability, and that she timely reported her alleged injury. Claimant appealed the adverse determinations regarding injury and disability. Respondent (carrier) responded that the Appeals Panel should affirm the decision and order.

DECISION

The claimant's appeal was not timely filed. Thus, it did not invoke the jurisdiction of the Appeals Panel. Therefore, the hearing officer's decision and order have become final pursuant to Section 410.169.

Records of the Texas Workers' Compensation Commission (Commission) show that the hearing officer's decision was mailed to claimant on February 9, 2001, with a cover letter dated that same date. Claimant's request for review does not indicate when she received the hearing officer's decision and order. Under Tex. W.C. Comm'n, 28 TEX. ADMIN. CODE § 102.5(d) (Rule 102.5(d)), claimant is deemed to have received the decision and order five days after the date it was mailed, or on Wednesday, February 14, 2001. A request for review is timely if it is mailed on or before the 15th day after the date of receipt of the hearing officer's decision and if it is received by the Commission not later than the 20th day after the date of receipt of the decision. Rule 143.3(c). In this instance, the 15th day after the deemed date of receipt was Thursday, March 1, 2001. Claimant's request for review was mailed to the Appeals Panel on March 26, 2001, which was beyond the 15th day following the deemed date of receipt of the hearing officer's decision. Therefore, the appeal is untimely. We note that there is no good cause exception to timely filing of an appeal.

Because claimant did not timely file her request for review, the request for review did not properly invoke the Appeals Panel's jurisdiction. The hearing officer's decision and order became final pursuant to Section 410.169 and Rule 142.16(f).

Judy L. S. Barnes
Appeals Judge

CONCUR:

Susan M. Kelley
Appeals Judge

Robert W. Potts
Appeals Judge

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