National Farmer's Union Insurance v. Scofield

In its two petitions for reconsideration respondent Employers Insurance of Wausau correctly points out that the fact statement in the previous opinion (54 Or App 804, 636 P2d 970 (1981)), is in error, namely that there is nothing to indicate that claimant mailed his report of the 1974 accidental injury to his employer or that he hand-carried it to the employer’s office. Nevertheless, we conclude that Wausau cannot prevail because we are satisfied after again reviewing the record that claimant’s claim was not barred by untimeliness.

Before a claim can be barred for late filing, the…