Title: 

APD 012821

Significant Decision

Date: 

January 3, 2002

Issues: 

Unavailable

Table of Contents

APD 012821

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 11, 2001, and the record closed on October 19, 2001. With regard to the issues before him, the hearing officer determined that the compensable injury did not extend to or include sexual dysfunction and that the appellant (claimant) is entitled to change treating doctors. The claimant mailed a copy of the blue brochure of the Texas Workers’ Compensation Commission (Commission) regarding “Review of Claims Disputes by the Commission’s Appeals Panel” with the certificate of service portions filled in and signed and no other information added to the printed brochure. The respondent (self-insured) filed a response, arguing that the claimant did not file documents which constitute an appeal and that the Appeals Panel’s jurisdiction is not invoked.

DECISION

The Appeals Panel has held that where a claimant files only a signed copy of the previously described brochure, this is not sufficient to serve as an appeal because the claimant “did not adequately state the grounds upon which review was requested nor indicate disagreement with any portion of that decision.” Texas Workers’ Compensation Commission Appeal No. 94973, decided September 1, 1994; Texas Workers’ Compensation Commission Appeal No. 000452, decided April 13, 2000. In this case, the claimant did not indicate on the brochure the case that was being appealed or what portions of any decision he disagreed with. Because an adequate appeal was not filed, the Appeals Panel’s jurisdiction has not been invoked.

The hearing officer’s decision and order has become final. Section 410.169.

The true corporate name of the insurance carrier is (a certified self-insured) and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Michael B. McShane – Appeals Judge

CONCUR:

Gary L. Kilgore – Appeals Judge

Philip F. O’Neill – Appeals Judge