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APPEAL NO. 041189 FILED JULY 1, 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 May 3,

On July 14, 2006, this court issued order denying the appellant's appeal. The order will be entered and reported upon July 25. The order does not constitute an order of the court. A. The worker is covered under the Texas Workers' Compensation Act, Title 20, Chapter 31. A. The worker is covered under the Texas Workers' Compensation Act, title 20, Chapter 31. Filing and Review of an Appeal. As a general rule, an appeal to the Texas Workers' Compensation Commission must be filed within 21 days of a decision rendered. When the appeal is made to this court, a petition for review must be initiated within 28 days of the hearing. The petitioner must also file a copy of the hearing decision in the form of a “certification,” with the court's clerk, before the court makes its order. When requested in writing, the administrator shall provide in writing a certification to the employer of the date of hearing decision and order (if a judgment) or a certification to the claimant of the date of hearing decision and order (if a notice of appeal was filed). In both cases, the applicant must pay any filing fees, if any, incurred by the petitioner. Unless the parties stipulate otherwise, the administrative law judge may not grant a review on the merits unless the applicant has incurred at least the fees specified in this court's rules, or waived or paid the filing fees if a stipulation is entered on the record. When the appeal is against a decision by a hearing officer or the date of a decision by a party, the applicant may request that the court hear, or refer the matter to the Administrative Law Judge for a hearing on the merits. (A.R.S. § 5.001, 2009). The hearing officer is a former commissioner at a state agency who has served for at least 10 years and is a member of the Texas State Personnel Commission, and the petitioner is a party to or the victim of an accident or health care or service incident for which compensation was awarded to the worker. (A.R.S. § 20.001, 2008). The administrative law judge is an experienced Texas labor mediator. He or she is appointed by the Texas Transportation Commission, Department of Licensing, to hear certain appeals and to review decision making. (A.R.S. § 20.002-06.003, 2008). The Administrative Law Judge makes all determinations of the law.

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