This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). Following a contested case hearing held on October 1, 2001, the hearing officer determined that the appellant’s (claimant) ___________, compensable injury does not extend to include the neck, left shoulder, and lumbar spine in addition to the left knee, and that the claimant had disability beginning on July 20, 2000, and ending on September 8, 2000, and no disability thereafter. The claimant has filed a request for review of these determinations for evidentiary sufficiency. The respondent (carrier) urges in its response the sufficiency of the evidence to warrant our affirmance.
DECISION
The request for review in this case not having been timely filed with the Texas Workers’ Compensation Commission (Commission), the decision of the hearing officer has become final. Section 410.169.
Section 410.202(a) requires that a written request for appeal be filed with the Appeals Panel not later than the 15th day after receipt from the Commission’s hearings division. Section 410.202(d) excludes Saturdays, Sundays, and holidays listed in Section 662.003 of the Government Code from the time computation. Commission records reflect that the hearing officer’s decision was mailed to the claimant on October 11, 2001. The claimant is deemed to have received the decision five days later, namely, on October 16, 2001, unless the great weight of the evidence indicates otherwise. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE §102.5(d) (Rule 102.5(d)). A request for review is presumed to be timely filed if mailed on or before 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. Rule 143.3(c). Both portions of Rule 143.3(c) must be complied with for an appeal to be timely filed.
The 15th day after October 16, 2001, was Tuesday, November 6, 2001, and the 20th day was Tuesday, November 13, 2001. The envelope containing the claimant’s request for review reflects that it was first mailed on November 2, 2001, but was returned for additional postage; that it was remailed on November 13, 2001; and that it was received by the Commission on November 16, 2001. Accordingly, the decision was neither timely mailed nor timely received.
The hearing officer’s decision and order have become final pursuant to Section 410.169.
The true corporate name of the insurance carrier is LIBERTY MUTUAL FIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is
CT CORPORATION SYSTEM
350 N. ST. PAUL, SUITE 2900
DALLAS, TEXAS 75201.
Philip F. O’Neill – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Gary L. Kilgore – Appeals Judge