In re Compensation of Nordyke, 031221 ORWC, 20-00443

Case DateMarch 12, 2021
CourtOregon
73 Van Natta 215 (2021)
In the Matter of the Compensation of RANDY Q. NORDYKE, Claimant
WCB No. 20-00443
Oregon Worker Compensation
March 12, 2021
         Randy Q Nordyke, Unrepresented Claimant          Gallagher Bassett Ins Svc, Carrier           Reviewing Panel: Members Ousey and Woodford.          ORDER DENYING RECONSIDERATION          On January 25, 2021, we adopted and affirmed an Administrative Law Judge’s (ALJ’s) order that dismissed as untimely claimant’s request for hearing appealing an Order on Reconsideration. We have since received claimant’s letter, which expresses his disappointment in our Order on Review and frustration regarding the processing of his claim and the litigation of the case. We treat claimant’s submission as a request for reconsideration. As explained below, because our prior order has become final, we lack authority to reconsider our decision.          A Board order is final unless, within 30 days after the date of mailing copies of the order, one of the parties files a petition for judicial review with the Court of Appeals. ORS 656.295(8). During that appeal period, before the order becomes final, the Board may reconsider its order. SAIF v. Fisher, 100 Or.App. 288, 291 (1986); see also OAR 438-011-0035(2). The time within which to appeal an order continues to run unless the order has been “stayed,” withdrawn, or modified. Int'l Paper Co. v. Wright, 80 Or.App. 444 (1986); Fischer v. SAIF, 76 Or.App. 656, 659 (1985).          Here, the thirtieth day following our January 25, 2021, order was February 24, 2021. Claimant’s letter was dated “Friday February 19, 2021,” and, according to the postmark date on the envelope containing the letter, it was mailed on February 23, 2021. However, we did not receive the letter until February 25, 2021.          Our statutory authority to reconsider a prior decision is not premised on when a motion for reconsideration is dated or mailed. Instead, our reconsideration authority is contingent on our order not having become final as a result of the expiration of the 30-day statutory period. Thus, regardless of when a motion for reconsideration...

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