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 10, 2001. She held that the appellant (claimant) did not sustain a compensable injury and has no disability. The claimant has appealed these determinations arguing that they are against the great weight and preponderance of the evidence, and the respondent (carrier) responds, urging affirmance.
DECISION
A timely appeal not having been filed, the decision of the hearing officer has become final.
The hearing officer’s decision was distributed on October 22, 2001. In accordance with Section 410.202(a), the appeal was due to be mailed not later than November 19, 2001, and received by the Texas Workers’ Compensation Commission (Commission) not later than November 26, 2001. Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 143.3(c)(2) (Rule 143.3(c)(2)). Pursuant to Section 410.202(d), weekends, and the holidays listed in Texas Government Code Section 662.003, are not included in the computation of time to file an appeal or response.
In this case, the claimant’s appeal was initially postmarked November 10, 2001; however, because insufficient postage was put on the appeal, it was not received by the Commission but was instead returned by the postal service to the claimant’s attorney, and not remailed until November 26, 2001. The Appeals Panel having lost jurisdiction to consider the appeal, the hearing officer’s decision has become final in accordance with 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
C.T. CORPORATION SYSTEM
350 NORTH ST. PAUL STREET.
DALLAS, TEXAS 75201.
Susan M. Kelley – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Thomas A. Knapp – Appeals Judge