54 Van Natta 151 (2002). MOIRA MALONE, Claimant.

Case DateApril 05, 2002
CourtOregon
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...

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