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 May 16, 2002. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits for the first quarter. The claimant appeals, asserting that her evidence was sufficient to prove that she had a total inability to work during the qualifying period. The respondent (carrier) replies, urging affirmance.
DECISION
The claimant’s appeal not having been timely filed, the decision and order of the hearing officer have become final pursuant to Section 410.169.
Texas Workers’ Compensation Commission (Commission) records show that the hearing officer’s decision was mailed to the parties on May 24, 2002. In accordance with Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 102.5(d) (Rule 102.5(d)), the claimant is deemed to have received the decision on May 29, 2002. Pursuant to Section 410.202 and Rule 143.3(c), an appeal is presumed to be timely if it is mailed not later than 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 after receipt of the hearing officer’s decision. Both portions of Rule 143.3(c) must be complied with in order for an appeal to be timely. Texas Workers’ Compensation Commission Appeal No. 94065, decided March 1, 1994; Texas Workers’ Compensation Commission Appeal No. 94111, decided March 10, 1994; Texas Workers’ Compensation Commission Appeal No. 941225, decided October 24, 1994. Section 410.202(d) was amended effective June 17, 2001, to exclude Saturdays, Sundays, and holidays listed in the Texas Government Code from the computation of time in which to file an appeal. Under the amended provision, 15 days from the claimant’s deemed receipt of the hearing officer’s decision would have been June 20, 2002, and 20 days would have been June 27, 2002. Although the claimant’s appeal is postmarked June 19, 2002, it was not received by the Commission until July 1, 2002. Therefore, the claimant’s appeal was not timely filed.
The appeal being untimely, the jurisdiction of the Appeals Panel was not properly invoked and the decision and order of the hearing officer have become final under Section 410.169.
The true corporate name of the insurance carrier is THE NORTH RIVER INSURANCE COMPANY and the name and address of its registered agent for service of process is
PAUL DAVID EDGE
6404 INTERNATIONAL PARKWAY, SUITE 1000
PLANO, TEXAS 75093.
Michael B. McShane – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Robert W. Potts – Appeals Judge