55 Van Natta 4174 (2003). CATHY BAILEY, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4174 (2003). CATHY BAILEY, Claimant 4174In the Matter of the Compensation of CATHY BAILEY, ClaimantWCB Case No. 03-00920ORDER OF DISMISSALScott M McNutt Sr, Claimant Attorneys Debra Ehrman, SAIF Legal, Defense AttorneysReviewing Panel: Members Lowell and Kasubhai.Claimant requested review of Administrative Law Judge (ALJ) Martha Brown's May 7, 2003 order. Because the record does not establish that the Board received a timely request for review within 30 days of the ALJ's order, we dismiss. FINDINGS OF FACT On May 7, 2003, the ALJ issued an Opinion and Order upholding the SAIF Corporation's denial of claimant's injury claim of a low back strain. Copies of that order were mailed to claimant, claimant's counsel, SAIF and SAIF's counsel. The ALJ's order contained a statement explaining the parties' rights of appeal, including a notice that a request for Board review must be mailed to the Board and to the other parties to the proceeding within the 30-day appeal period. On November 25, 2003, the Board received an electronic facsimile transmission (FAX) from SAIF, which included a copy of a May 12, 2003 letter from claimant's attorney addressed to the Workers' Compensation Board, requesting review of the ALJ's May 7, 2003 order. Claimant's May 12, 2003 letter indicated that a copy was sent to SAIF's counsel. SAIF received the request for review on May 14, 2003. On December 4, 2003, the Board mailed a computer-generated letter to the parties, acknowledging claimant's request for review received on November 25, 2003. 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). Compliance with ORS 656.295 requires that 55 Van Natta 4174 (2003) 4175 statutory notice of the request be mailed or actual notice be received within the statutory period. Argonaut Insurance Co. v. King, 63 Or App 847, 852 (1983). "Filing" means 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). If filing of a request...