SAIF Corp. v. Dubose

SAIF petitions for review of a Workers’ Compensation Board (Board) order setting aside SAIF’s denial of a claim, which SAIF based on claimant’s failure to cooperate and assist in its investigation. At issue here is whether ORS 656.262(15) requires a worker specifically to request an “expedited hearing” on a claim denied for “worker noncooperation.” We conclude that it does and that, because claimant did not request an expedited hearing, the administrative law judge (ALJ) did not have authority to consider claimant’s excuse for noncooperation. Consequently, the Board erred in affirming the…