Weyerhaeuser Co. v. Miller

Claimant’s employer in this case and claimant in Dunn v. SAIF, also decided today, appealed the Workers’ Compensation Board’s dismissal of requests for review of referees’ orders, which each claimed had been timely mailed to the Board in compliance with ORS 656.295(2). That section provides:

“The requests for review shall be mailed to the board and copies of the request shall be mailed to all parties to the proceeding before the referee.”

The Board invoked its rule, OAR 438-05-040(4)(b), which stated that “filing” means

“date of mailing. If the date of mailing is relied upon as the date of…