54 Van Natta 69 (2002). FRED L. YOUNGER, Claimant.

• Case Date: January 23, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 69 (2002). FRED L. YOUNGER, Claimant 69In the Matter of the Compensation of FRED L. YOUNGER, ClaimantWCB Case No. 01-06362ORDER WITHDRAWING ORDER OF DISMISSALArthur P Klosterman, Claimant AttorneysJohn B. Motley, SAIF Legal, Defense AttorneysReviewing Panel: Members Bock and Biehl.On December 17, 2001, the SAIF Corporation requested review of Administrative Law Judge (ALJ) Martha Brown's December 10, 2001 order. On December 19, 2001, claimant filed a cross-request for review of the order. The Board acknowledged the requests for review on December 18, 2001 and December 20, 2001. On January 2, 2002, claimant's attorney sent a letter to the Board stating that the parties had reached an agreement whereby SAIF would withdraw its request for review and claimant would withdraw his cross-request for review. Also on January 2, 2002, SAIF wrote to the Board withdrawing its request for review. In response to these letters, an Order of Dismissal issued on January 4, 2002, dismissing the parties' respective requests for review. On January 8, 2002, SAIF filed another request for Board review of the ALJ's order. On January 10, 2002, claimant moved to dismiss SAIF's latest request for Board review, and alleged that SAIF's remedy, if it was dissatisfied with the Dismissal Order, was to petition for judicial review of the Board's Dismissal Order. In response, SAIF filed a "Motion to Vacate" the Board's Dismissal Order and a Response to Claimant's Motion to Dismiss. SAIF continued to assert that we could consider its January 8, 2002 request for Board review because it was timely filed within 30 days of the ALJ's order. In the alternative, SAIF requested that the Board "vacate" its Dismissal Order and allow its request for review to continue. After considering this matter, we withdraw our January 4, 2002 Dismissal Order. Our decision is based on the following reasoning. We have the authority to withdraw an Order of Dismissal within 30 days of its issuance. See Sharon E. Kelley (Van Gorder), 39 Van Natta 467 (1987); Eduardo Ybarra, 35 Van Natta 1343 (1983). In Kelley (Van Gorder), we abated 54 Van Natta 69 (2002)70and then withdrew an Order of Dismissal issued in response to the claimant's request to withdraw her appeal of a Referee's1 order. We noted that our Dismissal Order had...