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 July 27, 2001. The hearing officer resolved the disputed issues by deciding that the respondent (claimant) sustained a compensable low back injury on __________, and that the claimant had disability from November 6, 2000, through December 31, 2000. The appellant (carrier) appealed. No response was received from the claimant.
DECISION
The decision and order of the hearing officer have become final under Section 410.169 because the carrier’s request for appeal was not timely filed.
The Texas Workers’ Compensation Commission’s (Commission) cover letter attached to the hearing officer’s decision of July 30, 2001, is dated August 1, 2001. The carrier states in its appeal that it was served with a copy of the hearing officer’s decision on August 3, 2001. However, records of the Commission show that the hearing officer’s decision was signed for by the carrier’s Austin representative on August 1, 2001. Pursuant to Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 156.1(a) (Rule 156.1(a)), each carrier shall designate an Austin representative to act as agent for receiving notice from the Commission, and, pursuant to Rule 156.1(c), notice to the carrier’s Austin representative is notice from the Commission to the carrier. Therefore, the carrier received the hearing officer’s decision on August 1, 2001. See Texas Workers’ Compensation Commission Appeal No. 001467, decided August 9, 2000. Rule 102.5(d), as amended effective August 29, 1999, provides that, unless the great weight of evidence indicates otherwise, a written communication from the Commission to the carrier is deemed to have been received the first working day after the date the written communication was placed in the carrier’s Austin representative’s box as indicated by the Commission’s date stamp. We have held that a deemed date of receipt does not control over an earlier, signed acknowledgment of receipt. Texas Workers’ Compensation Commission Appeal No. 950972, decided August 7, 1995.
Section 410.202(a) provides that “[t]o 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 and shall on the same date serve a copy of the request for appeal on the other party.” Pursuant to Section 410.202(d), for appeals filed on or after June 17, 2001, Saturdays and Sundays and holidays listed in Section 662.003, Government Code, are not included in the computation of the time in which a request for an appeal under Subsection (a) or a response under Subsection (b) must be filed.
Rule 143.3(c) provides that a request for appeal shall be presumed to be timely filed if it is: (1) mailed on or before the 15th day after the date of receipt of the hearing officer’s decision; and (2) received by the Commission not later than the 20th day after the date of 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.
Since the carrier received the hearing officer’s decision on August 1, 2001, it had until August 22, 2001, to mail its appeal to the Commission, which was the 15th day after receipt not including Saturdays and Sundays and holidays listed in Section 662.003 of the Government Code. The carrier’s appeal is dated August 24, 2001, and the envelope in which the appeal was mailed to the Commission is postmarked August 24, 2001. The carrier’s appeal was not timely filed with the Commission.
The hearing officer’s decision and order have become final under Section 410.169.
The true corporate name of the insurance carrier is SECURITY NATIONAL INSURANCE COMPANY and the name and address of its registered agent for service of process is
DONALD GENE SOUTHWELL
10000 N. CENTRAL EXPRESSWAY
DALLAS, TEXAS 75265.
Robert W. Potts – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Michael B. McShane – Appeals Judge