Matter of Compensation of Cowart

Claimant seeks review of an order of the Workers’ Compensation Board on our remand. In Cowart v. SAIF, 86 Or App 748, 740 P2d 249 (1987), we remanded the case to the Board for a determination of whether claimant’s failure to request a hearing was due to good cause, ORS 656.319(1)(b), under the standard applicable to relief from default judgments under ORCP 71B(1).

In his second and third assignments of error, claimant contends that he need not have sought a hearing within the time required by ORS 656.319, because SAIF’s partial denial was void, either because it was an improper back-up denial…