71 Van Natta 427 (2019)
In the Matter of the Compensation of DARON J. HAVLIK, Claimant
WCB No. 18-02073
Oregon Worker Compensation
April 22, 2019
Schoenfeld & Schoenfeld, Claimant Attorneys
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Lanning and Curey.
ORDER ON RECONSIDERATION
On
March 28, 2019, we adopted and affirmed an Administrative Law
Judge (ALJ’s) order that: (1) found that claimant had
not established “good cause” for his untimely
filed hearing request regarding the SAIF Corporation’s
denial of his injury claim for a hernia condition; and (2)
dismissed his hearing request. Contending that we did not
adequately address the arguments and case precedent set forth
in his appellate briefs, claimant seeks reconsideration of
our decision.
After
considering claimant’s arguments on reconsideration, we
continue to adhere to our prior order. By adopting and
affirming the ALJ’s order, we have found that the facts
and conclusions in that order express our opinion of the
case. E.g. Stephanie A. Straub, 62 Van Natta 3005
(2010) (by adopting an ALJ’s order, the Board order
indicated that it found the ALJ’s order sufficient for
appellate review and the facts and conclusions in that order
expressed the Board’s opinion); Jorge Pedraza,
49 Van Natta 1019 (1997) (same). Nonetheless, in response to
claimant’s motion, we provide the following
supplementation.
As
referenced in the ALJ’s order, in Shawn L.
Rhoades, 50 Van Natta 2258, 2261 (1996), we explained
that '"good cause’ under ORS 656.319(1)(b) is
not a matter of ‘discretion’ but of agency
judgment in the sense stated in McPherson v. Employment
Division, 285 Or. 541 [] (1979).” Cf. Brown v.
EBI Cos, 289 Or. 455, 460 n 3 (1980) ('"good
cause’ under ORS 656.319(1)(b) is not a matter of
‘discretion’ but of agency judgment[.]”)
Moreover,
in Rhoades, we reasoned that, “the text of ORS
656.319(1)(b) provides no basis for liberally construing the
‘good cause’ standard.” 50 Van Natta at
2261. Thus, consistent with the rationale expressed in
Brown, McPherson, and Rhoades...
