Appeals Panel finds Appeal Timely because of Winter Storm Tolling
The appeals panel has concluded that a request for review was timely filed with the agency because the deadline to file the appeal had been extended or tolled due to office closures related to Winter Storm Uri. The decision, Texas Division of Workers’ Compensation Appeals Panel Decision No. 210449, decided May 24, 2021, utilized a Bulletin issued by the Commissioner of Workers’ Compensation to extend the deadline and consider the appeal to be timely.
The claimant appealed, an ALJ’s determinations involving the issues of extent of injury, MMI and impairment rating. The carrier responded, contending that the claimant did not timely file his appeal.
The ALJ’s decision had been mailed to the claimant at his correct address on January 21, 2021. Under Rule 102.5(d), unless the great weight of evidence indicates otherwise, the claimant was deemed to have received the ALJ’s decision 5 days later. The 5th day after January 21, 2021, was Tuesday, January 26, 2021. Claimant’s appeal would, therefore, have been due to be filed no later than Tuesday February 16, 2021.
The claimant’s request for review was filed with the Division via facsimile transmission on February 22, 2021, after 5:00 p.m. The appeals panel determined that it was considered to have been received by the Division on the next working day, February 23, 2021, citing Rules 102.3(c) and (d).
The appeals panel observed that the Governor had issued a disaster proclamation on February 12, 2021, in all 254 counties due to severe winter weather. As a result, the Commissioner of Workers’ Compensation issued Commissioner’s Bulletin No. B-0008-21, which provided in pertinent part:
The [Division] is tolling the following Texas workers’ compensation deadlines, effective February 12, 2021, through February 23, 2021:
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- Medical and income benefit dispute deadlines.
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The appeals panel wrote that Commissioner’s Bulletin No. B-0008-21 applied in this case. “Pursuant to Commissioner’s Bulletin # B-0008-21, the appeal deadlines in this case were tolled effective February 12, 2021, through February 23, 2021. Therefore, with the deemed date of receipt of the ALJ’s decision on January 26, 2021, the claimant’s appeal had to be filed or mailed no later than Friday, February 26, 2021.”
Because the claimant’s appeal was filed before February 26, 2021, the appeals panel held it had been filed timely. On the merits of the case, the appeals panel reversed the decision and order of the ALJ and remanded the case for correction of a misstatement of the evidence regarding the mechanism of the compensable injury.
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