55 Van Natta 4203 (2003). RONALD L. WHITE, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4203 (2003). RONALD L. WHITE, Claimant 4203In the Matter of the Compensation of RONALD L. WHITE, ClaimantWCB Case No. 03-02199, 03-02198ORDER ON REVIEWBlack Chapman et al, Claimant Attorneys Bruce A Bornholdt, SAIF Legal, Defense AttorneysReviewing Panel: Members Lowell and Biehl.The SAIF Corporation requests review of Administrative Law Judge (ALJ) Stephen Brown's order that: (1) set aside its "noncooperation" denial of claimant's right knee injury claim under ORS 656.262(15); and (2) reversed a Director's order suspending claimant's compensation for failing to reasonably cooperate in SAIF's investigation of the claim. On review, the issue is claim processing. We adopt and affirm the ALJ's order with the following supplementation. On March 20, 2003, claimant filed a request for an "expedited" hearing, contesting the Director's January 23, 2003 order suspending claimant's compensation. The same day, claimant also filed a request for hearing regarding SAIF's February 10, 2003 "noncooperation" denial, but he did not specify that it was an "Expedited Claim Service" (ECS) request. The hearing regarding the denial was set for June 16, 2003. An expedited hearing regarding the suspension order convened on April 15, 2003. However, the prior ALJ found that the Hearings Division lacked jurisdiction to entertain an "ECS request" based on an appeal from the Director's order. Consequently, on April 25, 2003, the prior ALJ issued an Interim Order that preserved and consolidated the issues in WCB Case No. 03-02199 (regarding the suspension order) with the issues in WCB Case No. 03-02198 (regarding the "noncooperation" denial). The prior ALJ indicated that issues raised in both requests for hearing could be heard at the June 16, 2003 hearing. Meanwhile, on April 18, 2003, claimant requested an "ECS" hearing regarding the "noncooperation" denial. A hearing regarding the consolidated cases was reset for May 14, 2003 before ALJ Stephen Brown. SAIF moved to dismiss the request for hearing, contending that claimant had not timely requested an "ECS hearing" on the denial and he was not entitled to an ECS hearing on the suspension order. Under such circumstances, SAIF 55 Van Natta 4203 (2003)4204 argued that the ALJ would lack jurisdiction over all issues (i.e., those involving the denial and...