54 Van Natta 118 (2002). AGUSTIN C. VELIZ, Claimant.

• Case Date: February 01, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 118 (2002). AGUSTIN C. VELIZ, Claimant 118In the Matter of the Compensation of AGUSTIN C. VELIZ, ClaimantWCB Case No. 01-04259ORDER OF DISMISSALClaimant UnrepresentedSAIF Legal, Defense AttorneysReviewing Panel: Members Biehl and Bock. Member Biehl concurs.Claimant, pro se, requests review of Administrative Law Judge (ALJ) Mills' November 27, 2001 order. Because the record does not establish that the request was timely filed with the Board or that all parties received timely notice of claimant's request, we dismiss. FINDINGS OF FACT On November 27, 2001, the ALJ issued an Opinion and Order that upheld SAIF's denials of claimant's low back conditions. The order contained a statement that any party dissatisfied with the order could request Board review. The statement provided that a request for review "shall be mailed to the Board * * * with copies of such request mailed to all other parties to this proceeding. Both of these actions must be taken within 30 days of the Administrative Law Judge's order." On January 2, 2002, the Board received claimant's letter dated December 20, 2001, requesting review of the ALJ's order. Claimant's letter had been forwarded to the Board by the Workers' Compensation Division, where it had been received on December 21, 2001. Claimant's letter did not indicate that copies had been provided to the other parties to the proceeding. On January 7, 2002, the Board mailed a computer-generated letter to the parties, acknowledging claimant's "request" for Board review. CONCLUSIONS OF LAW AND OPINION An ALJ's order is final unless, within 30 days after the date on which a copy of the order is mailed to the parties, one of the parties requests Board review under ORS 656.295. See ORS 656.289(3). Requests for Board review shall be mailed to the Board and copies of the request shall be mailed to all parties to the proceeding before the ALJ. ORS 656.295(2). Compliance with ORS 656.295 requires that 54 Van Natta 118 (2002)119statutory notice of the request or actual notice be received within the statutory period. Argonaut Insurance Co. v. King, 63 Or App 847, 852 (1983). "Filing" of a request for review is the physical delivery of a thing to any permanently staffed office of the Board, or the date of mailing. OAR 438-005-0046(1)(a). If the request is...