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 October 4, 2001. With respect to the issues before him, the hearing officer determined that the appellant’s (claimant) impairment rating (IR) is 11% as certified by the designated doctor, selected by the Texas Workers’ Compensation Commission in his initial report and that no contribution should be allowed. In her appeal, the claimant asserts error in the hearing officer’s having given presumptive weight to the designated doctor’s first report and contends that the 29% IR in the designated doctor’s amended report is entitled to presumptive weight. In its response to the claimant’s appeal, the respondent (self-insured) urges affirmance. The self-insured did not appeal the determination that no contribution should be awarded.
DECISION
The claimant’s appeal was not timely filed; thus, it did not invoke the jurisdiction of the Appeals Panel, and the hearing officer’s decision and order have become final pursuant to Section 410.169.
We note that Section 410.202 was amended effective June 17, 2001, to exclude Saturdays, Sundays, and holidays listed in the Texas Government Code in the computation of the 15-day appeal period. In this instance, the hearing officer’s decision and order was distributed to the parties on October 18, 2001. Pursuant to Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(d) (Rule 102.5(d)), the claimant was deemed to have received the hearing officer’s decision on October 23, 2001, five days after it was mailed. Based on that date of receipt, the 15-day deadline for mailing the appeal was November 14, 2001. The claimant’s appeal is postmarked November 15, 2001, and is therefore untimely.
Because the 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).
The true corporate name of the self-insured is STATE OFFICE OF RISK MANAGEMENT and the name and address of its registered agent for service of process is
For service in person the address is:
RON JOSSELET, EXECUTIVE DIRECTOR
STATE OFFICE OF RISK MANAGEMENT
300 W. 15TH STREET
WILLIAM P. CLEMENTS, JR. STATE OFFICE BUILDING, 6TH FLOOR
AUSTIN, TEXAS 78701.
For service by mail the address is:
RON JOSSELET, EXECUTIVE DIRECTOR
THE STATE OFFICE OF RISK MANAGEMENT
P.O. BOX 13777
AUSTIN, TEXAS 78711-3777.
Elaine M. Chaney – Appeals Judge
CONCUR:
Judy L. S. Barnes – Appeals Judge
Gary L. Kilgore – Appeals Judge