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APD 041351
July 19, 2004

APD 041351

July 19, 2004

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 February 12, 2004. The hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits (SIBs) for the fourth and fifth quarters. The claimant appeals these determinations on sufficiency of the evidence grounds. The respondent (carrier) asserts that the claimant’s request for appeal was not timely filed.


The decision and order of the hearing officer have become final pursuant to Section 410.169.

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 Section 662.003 of the Texas Government Code. Section 410.202(a) and (d). 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). Commission records indicate that the hearing officer's decision was mailed to the claimant on February 26, 2004. The claimant was deemed to have received the decision on March 2, 2004. The last date for the claimant to timely file an appeal was March 23, 2004. The appeal indicates that it was mailed on June 4, 2004, and it was stamped as received by the Commission’s Chief Clerk of Proceedings on June 7, 2004. The appeal is, therefore, 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 pursuant to Section 410.169.

The true corporate name of the insurance carrier is AMERICAN HOME ASSURANCE COMPANY and the name and address of its registered agent for service of process is




Edward Vilano


Judy L. S. Barnes
Appeals Judge

Chris Cowan
Appeals Judge