Boyce v. Sambo's Restaurants, Inc.

Claimant appeals from an order of the Workers’ Compensation Board (Board). The employer moved to dismiss the appeal, contending that claimant did not make timely service of his notice of appeal on the Board although he did serve the Director of the Workers’ Compensation Department.

The filing and service requirements for appeals from Board orders are governed by ORS 656.298(3), which provides in material part:

"The judicial review shall be commenced by serving, by registered or certified mail, a copy of a notice of appeal on the board and on the parties who appeared in the review proceedings,…