SAIF Corp. v. Tull

The Board found that SAIF accepted claimant’s claim for carpal tunnel syndrome (CTS) solely because its claim representative indicated that the claim had been accepted on an 801 form. However, there is no evidence that SAIF ever notified claimant that it was accepting that claim. The majority affirms, on the basis of its conclusion that ORS 656.262(6) “presumes that acceptance has already occurred when it requires that notice of the acceptance be furnished to the claimant.” 113 Or App at 454. Because Oregon precedents hold that acceptance cannot occur without notice to the claimant, I dissent.