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 21, 2003. The hearing officer decided that the respondent (claimant herein) sustained a repetitive trauma injury in the course and scope of her employment; that the date of injury was _____________; and that the appellant (carrier herein) is relieved of liability because the claimant failed to timely report her injury to her employer. The carrier conditionally appealed the hearing officer’s factual determinations that the claimant suffered a repetitive trauma injury as being contrary to the evidence. The file does not contain an appeal or a response from the claimant.
DECISION
The hearing officer’s decision and order have become final. Section 410.169.
The carrier filed an appeal, but specifically stated that the appeal is filed conditionally and that if the claimant does not file an appeal that the carrier’s appeal “is hereby withdrawn.” The claimant did not appeal the hearing officer’s Decision and Order. Accordingly, we dismiss the carrier’s appeal.
The true corporate name of the insurance carrier is COMMERCE & INDUSTRY INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
800 BRAZOS, SUITE 750, COMMODORE 1
AUSTIN, TEXAS 78701.
Gary L. Kilgore
CONCUR:
Judy L. S. Barnes – Appeals Judge
Edward Vilano – Appeals Judge