Giusti Wine Co. v. Adams

I agree that we should affirm, but I write separately to state more precisely the issue and my view of its proper resolution.

The majority correctly notes that we review the Board’s determination of good cause for substantial evidence and errors of law. ORS 656.298(6). There is only one material finding of fact that we must review for substantial evidence: “[T]hat, despite reasonable diligence, claimant did not receive actual notification of the denial until he received the second letter on November 4, 1985.” I agree with the majority that substantial evidence in the record supports that…