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Appellant, injured on the job, filed a claim with the Texas Workers' Compensation Commission against his employer's insurance carrier, appellee. The Commission granted partial relief, but its Appeals Panel denied the appellant's request for review, ruling it was filed one day late, beyond the fifteen-day appeal deadline. The district court affirmed this decision. Appellant argued that the Commission's general rules for computing time periods should extend the five-day deemed receipt provision, thereby delaying the start of the fifteen-day appeals period by one day. The appellate court agreed with the appellant, finding that the Labor Day holiday should have extended the deemed receipt date, making the appeal timely. Therefore, the court reversed the district court's decision and remanded the case for further proceedings.
Garry Ackerson v. Clarendon National Insurance Company is a workers' compensation case decided in Texas Court of Appeals, 3rd District (Austin). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 3rd District (Austin).
Full Decision Text1 Pages
Appellant, injured on the job, filed a claim with the Texas Workers' Compensation Commission against his employer's insurance carrier, appellee. The Commission granted partial relief, but its Appeals Panel denied the appellant's request for review, ruling it was filed one day late, beyond the fifteen-day appeal deadline. The district court affirmed this decision. Appellant argued that the Commission's general rules for computing time periods should extend the five-day deemed receipt provision, thereby delaying the start of the fifteen-day appeals period by one day. The appellate court agreed with the appellant, finding that the Labor Day holiday should have extended the deemed receipt date, making the appeal timely. Therefore, the court reversed the district court's decision and remanded the case for further proceedings.
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