Horgen v. Martinez

Employer seeks review of a Workers’ Compensation Board order that concluded that employer cannot challenge the compensability of a claim, because it failed to issue a proper denial. We reverse and remand.

Claimant injured her shoulder in May, 1987, and filed a claim on September 8, 1987. On September 29, 1987, the Workers’ Compensation Department issued an order declaring the employer non-complying. By a letter, dated October 18,1987, the employer requested a hearing, pursuant to ORS 656.283(l),1 to contest the compensability of “any injury” to claimant. Employer did not send a copy of the…