No. 07-08132 (2008). JENNIFER M. GAINES, Claimant.

CourtOregon
Oregon Worker Compensation 2008. No. 07-08132 (2008). JENNIFER M. GAINES, Claimant In the Matter of the Compensation of JENNIFER M. GAINES, ClaimantWCB Case No. 07-08132ORDER ON REVIEWDodge Law Firm, Claimant Attorneys Wallace Klor and Mann PC, Defense AttorneysReviewing Panel: Members Lowell and Biehl.Claimant requests review of those portions of Administrative Law Judge (ALJ) Brazeau's order that: (1) declined to award additional temporary disability benefits; and (2) declined to assess penalties and attorney fees against the self-insured employer for allegedly unreasonable claim processing. The employer moves to dismiss claimant's request, and alternatively, to strike her second appellant's brief. On review, the issues are the procedural motions, temporary disability, penalties, and attorney fees. We deny the employer's motions and affirm. FINDINGS OF FACT We adopt the ALJ's "Findings of Fact." CONCLUSIONS OF LAW AND OPINION Motion to Dismiss On March 17, 2008, the ALJ issued the above-referenced order. On March 20, 2008, we received claimant's request for review. The employer moves to dismiss, contending that claimant did not mail it a copy of her request. See ORS 656.295(2). Based on the following reasoning, the motion is denied. An ALJ's order is final unless, within 30 days after the date on which a copy of the order is mailed to the parties, one of the parties requests Board review under ORS 656.295. ORS 656.289(3). Requests for Board review shall be mailed to all parties to the proceeding before the ALJ. ORS 656.295(2). Compliance with ORS 656.295 requires that statutory notice of the request for review be mailed or actual notice be received within the statutory period. Argonaut Ins. v. King, 63 Or App 847, 852 (1983). Here, claimant's request indicates that a copy was faxed to the employer's attorney on March 19, 2008. No indication was provided that a copy was also faxed to the employer. The failure to timely serve all parties with a request for Board review can result in the dismissal of the request. Mosley v. Sacred Heart Hospital, 113 Or App 234, 237 (1992). Nonetheless, a non-served party's actual notice of the appeal within the 30-day period will save the appeal. See Zurich Ins. Co. v. Diversified Risk Mgmt., 300 Or 47, 51 (1985); King, 63 Or App at 852; Laura A. Bouse, 57 Van Natta 625, 626 (2005). The...

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