54 Van Natta 257 (2002). CATHERINE C. CORDELL, Claimant.

Case DateMay 02, 2002
CourtOregon
Oregon Worker Compensation 2002. 54 Van Natta 257 (2002). CATHERINE C. CORDELL, Claimant 257In the Matter of the Compensation of CATHERINE C. CORDELL, ClaimantWCB Case No. 01-01852ORDER OF DISMISSALClaimant UnrepresentedJeff R Gerner, SAIF Legal, Defense AttorneysReviewing Panel: Members Biehl and Lowell.Claimant, pro se, requests review of Administrative Law Judge (ALJ) Menashe's March 25, 2002 order. Because the record does not establish that the request was timely filed with the Board, we dismiss. FINDINGS OF FACT On March 25, 2002, the ALJ issued an Opinion and Order. 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 April 29, 2002, the Board received claimant's April 25, 2002 request for review of the ALJ's order. On April 30, 2002, the Board mailed a computer- generated letter to the parties, acknowledging claimant's request for 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). "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...

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