United Foam Corp. v. Whiddon

In this Workers’ Compensation case, employer seeks review of a Board decision that claimant’s request for a hearing was timely.1

On August 29, 1985, employer issued a denial of claimant’s aggravation claim and sent it by certified mail to claimant’s correct address. The denial was returned unclaimed on September 15,1985, and was re-sent by ordinary mail on November 7, 1985. The denial was appealed on November 14, 1985, more than 60 days from the date of the original mailing.

The Board held that claimant’s request was timely because the denial was mailed and not “delivered.” We held in Cowart v.…