73 Van Natta 188 (2021)
In the Matter of the Compensation of MONIQUE DEVIN, Claimant
WCB No. 20-01484
Oregon Worker Compensation
March 5, 2021
Ransom
Gilbertson Martin et al, Claimant Attorneys
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Ousey and Woodford.
ORDER
ON REVIEW
Claimant
requests review of Administrative Law Judge (ALJ)
Illias’s order that affirmed an Order Denying Request
for Reconsideration of a Notice of Closure. On review, the
issue is timeliness.
We
adopt and affirm the ALJ’s order with the following
supplementation.
On
August 27, 2019, SAIF issued a Notice of Closure that awarded
temporary disability, but no permanent disability, benefits
for a left elbow strain and left elbow epicondylitis. (Ex.
7). The Notice of Closure provided that copies were mailed to
claimant, the employer, the Department of Consumer and
Business Services (DCBS), and claimant’s attorney, on
August 27, 2019. (Ex. 7-5). Accompanying the Notice of
Closure, an August 27, 2019, cover letter from SAIF was
addressed to claimant and copied to her attorney. (Ex.
7-1-2). The United States Postal Service tracking
documentation recorded that the Notice of Closure was
delivered to claimant’s address on August 29, 2019.
(Ex. 10-1, -4).
On
January 7, 2020, claimant, through her attorney, requested
reconsideration of the Notice of Closure, identifying the
following issues: improper closure; the medically stationary
date; temporary disability; and permanent disability. (Ex.
9-1). Claimant’s counsel also submitted
claimant’s affidavit, which said that claimant had not
received the Notice of Closure from SAIF. (Ex. 8).
In
March 2020, the Appellate Review Unit (ARU) of the
Workers’ Compensation Division denied reconsideration,
finding that claimant’s reconsideration request was
untimely because it was mailed more than 60 days after the
Notice of Closure’s mailing date. (Ex. 11). Claimant
requested a hearing. (Hearing Record).
[73 Van
Natta 189] The ALJ found that the record persuasively...
