71 Van Natta 402 (2019)
In the Matter of the Compensation of ROBIN R. GILLILAND, Claimant
WCB No. 16-05631
Oregon Worker Compensation
April 12, 2019
Cummins Goodman et al, Defense Attorneys
Reviewing Panel: Members Woodford and Lanning.
ORDER ON REVIEW
pro se, requests review of Administrative
Law Judge (ALJ) Naugle’s order that : (1) found that
claimant’s back injury claim was untimely filed under
ORS 656.265(4); and (2) upheld the self-insured
employer’s denial of claimant’s injury claim. On
review, the issues are timeliness of claim filing and,
adopt and affirm the ALJ’s order with the following
injured worker is required to notify the employer of an
accident resulting in an injury within 90 days of the
accident. ORS 656.265(1)(a). However, a claim is not barred
by ORS 656.265(4) if notice is given within one year and the
employer had knowledge of the injury within 90 days of the
accident, or the worker establishes good cause for failure to
give notice within 90 days of the accident. ORS
656.265(4)(a), (c); see also Keller v. SAIF, 175
Or.App. 78, 82, rev den, 333 Or. 260 (2002)
(knowledge of the injury or death must be acquired within the
initial 90-day notice period).
for the reasons expressed in the ALJ’s order, we are
persuaded that claimant did not provide notice of the alleged
April 2016 work-related injury/incident until August 2016.
Thus, he did not provide timely notice under ORS
656.265(1)(a). Additionally, claimant did not establish
“good cause” to excuse the untimely notice/claim
filing. ORS 656.265(4)(c).