In re Compensation of Gilliland, 041219 ORWC, 16-05631

• Case Date: April 12, 2019
• Court: Oregon

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           Unrepresented Claimant           Cummins Goodman et al, Defense Attorneys           Reviewing Panel: Members Woodford and Lanning.           ORDER ON REVIEW          Claimant, pro se,^[1] 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, potentially, compensability.          We adopt and affirm the ALJ’s order with the following supplementation.          An 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).          Here, 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). ...