73 Van Natta 710 (2021)
In the Matter of the Compensation of JESSICA S. MCQUEEN, Claimant
WCB No. 20-04916
Oregon Worker Compensation
September 23, 2021
SAIF
Legal Salem, Defense Attorneys
Reviewing Panel: Members Ousey and Curey.
ORDER
ON REVIEW
Claimant,
pro se,1 requests review of Administrative Law
Judge (ALJ) Otto’s order that: (1) found that
claimant’s hearing request regarding the SAIF
Corporation’s denial of her injury claim for a upper
respiratory condition was untimely filed; and (2) upheld
SAIF’s denial. On review, the issue is timeliness. We
affirm in part and vacate in part.
FINDINGS
OF FACT
We
adopt the ALJ’s “Findings of Fact.”
CONCLUSIONS
OF LAW AND OPINION
A
request for hearing must be filed no later than 60 days after
the mailing of the denial. See ORS 656.3 19(1)(a). A
hearing request filed after 60 days (but within 180 days) of
a denial confers jurisdiction with the Hearings Division if
the claimant establishes “good cause” for the
late filing. See ORS 656.3 19(1)(b). A hearing
request filed more than 180 days after a denial confers
jurisdiction only if the claimant can show a lack of mental
competency to file the request within the statutory time
period. See ORS 656.319(2). “Lack of mental
competency” applies only to an individual suffering
from a mental disorder, mental illness, or nervous disorder
as required for commitment or voluntary admission to a
treatment facility. See ORS 656.319(3).
[73 Van
Natta 711] Here, SAIF issued its denial of claimant’s
injury claim on September 26, 2018. (Ex. 4). Claimant did not
file a hearing request until October 23, 2020 (759 days after
SAIF’s denial). (Ex. 26). Because claimant filed the
hearing request after the 180-day period, a hearing can only
be granted if the record persuasively establishes that
claimant suffered from a mental disorder, mental illness, or
nervous disorder as required for commitment or voluntary
admission to a treatment facility. See ORS
656.319(3).
After
our review, we find that the record does not...
