54 Van Natta 151 (2002). MOIRA MALONE, Claimant.
Case Date | April 05, 2002 |
Court | Oregon |
Oregon Worker Compensation
2002.
54 Van Natta 151 (2002).
MOIRA MALONE, Claimant
151In the Matter of the Compensation of MOIRA
MALONE, ClaimantWCB Case No. 01-08526ORDER DENYING MOTION TO DISMISSAdams Day and Hill, Claimant AttorneysReinisch Mackenzie Et Al,
Defense AttorneysReviewing Panel: Members Biehl and Bock.Claimant requests review of Administrative Law Judge (ALJ)
Spangler's order that: (1) declined to increase her rate of temporary
disability; and (2) declined to assess a penalty for the insurer's allegedly
unreasonable claim processing. Contending that a copy of the request was not
timely served on all parties, the insurer has moved to dismiss claimant's
request for review. We deny the motion. FINDINGS OF
FACT Claimant requested a hearing raising the issues
of rate of temporary disability and penalties. On February 25, 2002, the ALJ
issued an order denying claimant's requested relief. The order was mailed to
claimant, her attorney, the employer, its insurer, and their attorney. By letter dated March 26, 2002, claimant, through her
attorney, requested review of the ALJ's order. The letter indicated that copies
had been sent to claimant and to the insurer's attorney. The Board received the
March 26, 2002 letter on March 27, 2002. The letter was contained in an
envelope carrying a March 26, 2002 postmark date.
On March 28, 2002, the Board mailed its
computer-generated letter acknowledging claimant's request for review. On March
29, 2002, the insurer moved to dismiss claimant's request for review, on the
basis that the employer and its insurer had not received timely notice of the
request. 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. ORS
656.289(3). Requests for Board review shall be mailed to all parties to the
proceeding before the ALJ. ORS 656.295(2). Compliance with ORS 656.295 requires that statutory notice of the request for review be
mailed or 54 Van Natta 151 (2002)152actual notice received within the statutory
period. Argonaut Insurance v. King, 63 Or App 847, 852 (1983). The failure to
timely file and serve all parties with a request for Board review requires
dismissal. Mosley v. Sacred Heart Hospital, 113 Or App 234,
237 (1992). "Party" means a...
To continue reading
Request your trial