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“stayed,” withdrawn, or modified.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...