Nelson v. State Accident Insurance Fund

The State Accident Insurance Fund (SAIF) appeals rom a Workers’ Compensation Board (Board) order affirming the referee’s order setting aside SAIF’s May 24, 1973, denial of responsibility for claimant’s psychological problems. The issue presented is whether claimant’s mental incapacity at the time of the denial excuses her failure to request a hearing on the denial within the time limits established by ORS 656.319(1). We hold that such compliance is not excused and reverse.

In December 1972, claimant received a compensa-de back injury. As a result of this injury, she became severely depressed…