54 Van Natta 275 (2002). JEFFREY R. JOHNSON, Claimant.

• Case Date: May 07, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 275 (2002). JEFFREY R. JOHNSON, Claimant 275In the Matter of the Compensation of JEFFREY R. JOHNSON, ClaimantWCB Case No. 00-05792ORDER ON REVIEW (REMANDING)Willner Wren Hill and Uren, Claimant AttorneysJohnson Nyburg and Andersen, Defense AttorneysReviewing Panel: Members Biehl and Lowell.Claimant requests review of Administrative Law Judge (ALJ) Crummé's order that dismissed his request for hearing. On review, the issue is the propriety of the dismissal order. We vacate and remand. FINDINGS OF FACT Pursuant to claimant's request, a hearing was scheduled on June 28, 2001. Neither claimant nor an attorney representing claimant appeared at the hearing. The insurer moved for dismissal. The ALJ issued an Order of Dismissal on July 5, 2001. The Order of Dismissal contained a notice of the right to request Board review. The order also contained a statement that claimant had the right, within the 30 day appeal period, to request that the ALJ reconsider the order. The notice provided that if claimant could show good cause for his failure to appear at the hearing within the 30-day appeal period, the order would be set aside. In a letter dated August 3, 2001, claimant's new attorney wrote the ALJ explaining that counsel for the insurer had informed him that an Order of Dismissal had been issued in the case. The letter stated that it was a "formal appeal" of the dismissal. The letter also requested copies of the Notice of Hearing and the dismissal order. The letter further stated that, when the dismissal order and Notice of Hearing were received, a detailed argument for reinstatement of the case would be submitted. The letter was received by the Board on August 6, 2001 and was treated as a request for Board review.1 1 Here, the 30th day after the ALJ's dismissal order fell on Saturday, August 4, 2001. When the last day of the 30-day appeal period falls on a Saturday or a legal holiday, the appeal period runs until the end of the next day that is not a Saturday or legal holiday. See, e.g., Sandy K. Preuss, 50 Van Natta 1028 (1998); James D. Hill, 49 Van Natta 308 (1997). 54 Van Natta 275 (2002)276CONCLUSIONS OF LAW AND OPINION An ALJ must consider a motion for postponement of a hearing even after an order of dismissal has been issued. See Olga G. Semeniuk, 46 Van Natta 152 (1994); Harold...