54 Van Natta 128 (2002). VASILIY TKACHEV, Claimant.

• Case Date: February 15, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 128 (2002). VASILIY TKACHEV, Claimant 128In the Matter of the Compensation of VASILIY TKACHEV, ClaimantWCB Case No. 01-06757ORDER OF DISMISSALRaymond Bradley, Claimant AttorneysJohnson Nyburg and Andersen, Defense AttorneysReviewing Panel: Members Biehl and Bock.Claimant requests review of Administrative Law Judge (ALJ) Hoguet's order that declined to increase his rate of temporary total disability. Because the record does not establish that the request was timely filed with the Board, we dismiss. FINDINGS OF FACT On December 26, 2001, the ALJ issued an Opinion and Order that declined to increase claimant's rate of temporary disability. 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 with 30 days of the Administrative Law Judge's order." On February 7, 2002, the Board received claimant's attorney's letter dated February 5, 2002, requesting review of the ALJ's order. The letter stated that claimant's attorney had received word from claimant, through an interpreter, that "he had received an opinion in this case." Claimant's attorney stated that he had not received a copy of any order from the ALJ, but had asked the carrier for "the status of any decision" and was "filing this appeal letter in case something has issued that has not reached us." On February 8, 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). 54 Van Natta 128 (2002)129 "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). Failure to timely file the request for review requires dismissal of the request for...