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 10, 1999. With respect to the issues before her, the hearing officer determined that the appellant (claimant) is not entitled to supplemental income benefits for the 12th and 13th quarters. In his appeal, the claimant essentially argues that those determinations are against the great weight of the evidence. The appeals file does not contain a response to the claimant’s appeal from the respondent (carrier).
DECISION
A timely appeal not having been filed, the decision and order of the hearing officer has become final pursuant to Section 410.169.
Records of the Texas Workers’ Compensation Commission show that the decision of the hearing officer was distributed to the claimant on February 23, 1999, with a cover letter of the same date. In his appeal, the claimant states that he received the decision on February 25, 1999. Pursuant to Section 410.202 and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE § 143.3(c) (Rule 143.3(c)), an appeal, to be timely, must be filed or mailed not later that the 15th day after the date of receipt of the hearing officer’s decision. In this instance, the 15th day after the date of receipt was Friday, March 12, 1999. The claimant’s appeal is postmarked March 15, 1999; thus, the appeal was untimely, the jurisdiction of the Appeals Panel was not properly invoked, and the decision and order of the hearing officer became final under Section 410.169.
Elaine M. Chaney – Appeals Judge
CONCUR:
Philip F. O’Neill – Appeals Judge
Tommy W. Lueders – Appeals Judge