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 November 1, 2001. The hearing officer determined that (1) the claimant did not sustain bilateral meniscus tears in addition to the compensable knee contusions on __________; and (2) the claimant did not have disability as a result of the __________, compensable injury. (Appellant) appeals the determinations on sufficiency grounds. The respondent (self-insured) responds that the appeal is untimely, that the appeal was not filed by a party, and that the Appeals Panel should uphold the hearing officer’s decision and order.
DECISION
The decision and order of the hearing officer have become final pursuant to Section 410.169.
Pursuant to Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(d) (Rule 102.5(d)), the hearing officer’s decision is deemed to have been received by the claimant five days after the date the decision was mailed by the Texas Workers’ Compensation Commission (Commission). A written request for appeal must be filed within 15 days of the date of receipt of the hearing officer’s decision, excluding Saturdays, Sundays, and holidays listed in the Texas Government Code. Section 410.202(a) and (d). Commission records indicate that the hearing officer’s decision was mailed to the claimant on November 8, 2001; the claimant was deemed to have received the decision on November 13, 2001. The last date for the claimant to timely file an appeal was December 6, 2001. The appeal was postmarked December 13, 2001. Therefore, the appeal is untimely.
The appeal being untimely, the jurisdiction of the Appeals Panel was not properly invoked and the decision and order of the hearing officer has become final under Section 410.169. In view of this determination, we do not decide here whether an appeal by a non-party doctor is appropriate.
The true corporate name of the self-insured is (SELF-INSURED) and the name and address of its registered agent for service of process is
SUPERINTENDENT
(ADDRESS)
(CITY), TEXAS (ZIP CODE).
Edward Vilano
CONCUR:
Elaine M. Chaney – Appeals Judge
Robert W. Potts – Appeals Judge