(a) Due dates and time periods under this Act shall be computed as follows:
- (1) computing a period of days. In counting a period of time measured by days, the first day is excluded and the last day is included.
- (2) computing a period of months. If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
- (3) unless otherwise specified, if the last day of any period is not a working day, the period is extended to include the next day that is a working day.
- (b) A working day is any day, Monday-Friday, other than a national holiday as defined by Texas Government Code, §662.003(a) and the Friday after Thanksgiving Day, December 24th and December 26th. Use in this title of the term "day," rather than "working day" shall mean a calendar day.
- (c) Normal business hours in the Texas workers' compensation system are 8:00 a.m. to 5:00 p.m. Central Standard Time with the exception of the Commission's El Paso field office whose normal business hours are 8:00 a.m. to 5:00 p.m. Mountain Standard Time.
- (d) Any written or telephonic communications received other than during normal business hours on working days are considered received at the beginning of normal business hours on the next working day.
- (e) Unless otherwise specified by rule, any written or telephonic communications required to be filed by a specified time will be considered timely only if received prior to the end of normal business hours on the last permissible day of filing.
- (f) This section does not apply to the computation of periods of entitlement to benefits. (Periods of entitlement to benefits are computed in accordance with specific rules on benefits set forth in Chapters 124 through 139 of this title (relating to Carriers: Required Notices And Mode of Payment; Education and Training Of Ombudsman; General Provisions Applicable To All Benefits; Benefits--Calculation Of Average Weekly Wage; Income Benefits--Temporary Income Benefits; Impairment And Supplemental Income Benefits; Benefits-Lifetime Income Benefits; Death Benefits--Death And Burial Benefits; General Medical Provisions; Benefits--Guidelines For Medical Services, Charges, And Payments; And Benefits--Vocational Rehabilitation)).
Source Note:The provisions of this §102.3 adopted to be effective January 1, 1991, 15 TexReg 6747; amended to be effective August 29, 1999, 24 TexReg 6488.