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 September 26, 2001. With regard to the issues before her, the hearing officer determined that the appellant’s (claimant) compensable (right middle and fourth finger) injury does extend to and include an injury to the right hand but does not extend to include a right wrist injury and that the claimant was entitled to change treating doctors. The change of treating doctor issue has not been appealed and, therefore, has become final. Section 410.169.
The claimant appeals, contending that the hearing officer’s decision is against the great weight of the evidence. The file does not contain a response from the respondent (self-insured).
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 mailed to the claimant on October 3, 2001, under a cover letter of the same date. Although the claimant states in his appeal that the hearing officer’s decision was received “on September 28, 2001,” that is clearly wrong in that the decision was not mailed until October 3, 2001, and, therefore, we apply Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(d) (Rule 102.5(d)). That rule provides that unless the great weight of evidence is otherwise, the claimant is deemed to have received the hearing officer’s decision five days after it was mailed, or, in this case, Monday, October 8, 2001.
Section 410.202(a) provides that a request for appeal shall be filed not later than the 15th day after the date on which the hearing officer’s decision is received. Rule 143.3(c) provides that a request for appeal is presumed to have been timely filed if it is mailed on or before the 15th day after the date of receipt of the hearing officer’s decision and is received by the Commission not later than the 20th day after the date the hearing officer’s decision is received. Section 410.202 was amended on June 17, 2001, to exclude Saturdays, Sundays, and holidays listed in Section 662.003 of the Government Code in the computation of the 15-day appeal and response periods. Since the deemed receipt date was October 8, 2001, using the amended calculation method, the claimant’s request for review must have been mailed no later than October 29, 2001, and received no later than November 5, 2001. The claimant’s request for review is undated and appears to be postmarked November 2, 2001, and was received on November 6, 2001. The claimant’s appeal is untimely, having been mailed after October 29, 2001, and received after November 5, 2001.
The claimant’s appeal being untimely, the decision of the hearing officer has become final. Section 410.169.
The true corporate name of the insurance carrier is (a self-insured governmental entity) and the name and address of its registered agent for service of process is
EXECUTIVE DIRECTOR
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Thomas A. Knapp – Appeals Judge
CONCUR:
Susan M. Kelley – Appeals Judge
Michael B. McShane – Appeals Judge