Oregon Requests for Hearing and the “Good Cause” Standard
In Oregon, a request for hearing must be filed with the Workers’ Compensation Board no later than 60 days after the mailing of a denial. ORS 656.319(1)(a); OAR 438-005-0046(1). A request for hearing filed after 60 days, but within 180 days of a denial is allowed if claimant establishes “good cause” for the untimely request. ORS 656.319(b). A “good cause” determination must be liberally construed in the light most favorable to the party seeking relief to avoid depriving a party of its day in court. Goodwin v. NBC Universal Media-NBC Universal, 298 Or App 475, 486-87 (2019).
Generally speaking, the Board finds “good cause” for late requests for hearing where a claimant took steps to understand or dispute their denial during the initial 60 day period, but such steps did not perfect a request for hearing due to the workers’ “mistake, inadvertence, surprise, or excusable neglect.” Sekermestrovic v. SAIF, 280 Or 723, 726 (1977); Araceli Castillo, 56 Van Natta 3184, 3187 (2004).
The Workers’ Compensation Board recently confirmed the type of “mistake, inadvertence, surprise, or excusable neglect” necessary for claimant to establish good cause in Peter Pankhard, 78 Van Natta 397 (2026). In Pankhard, the claim was denied due to a lack of medical evidence. The denial specifically noted that no medical reports were received. The claims adjuster then told the claimant his claim denial could be voluntarily rescinded after receipt of medical evidence. Claimant provided medical documentation but did not immediately request a hearing on the claim denial due to his mistaken understanding that the adjuster would rescind the denial once she received medical documentation.
Claimant subsequently obtained counsel, who filed a request for hearing more than 60 days, but fewer than 180 days, after the mailing date of the denial. Viewing the facts in a light most favorable to the claimant, the Board found claimant’s mistaken understanding regarding the additional medical documentation to constitute good cause for his untimely request for hearing. In reaching its conclusion, the Board focused on the adjuster’s statement that the insurer could voluntarily rescind the denial, the denial’s explicit language identifying the lack of medical records, and claimant’s testimony that he believed he only needed to provide medical evidence for his claim denial to be rescinded. It found these facts, when taken together, constituted a “good cause” misunderstanding from claimant regarding the status of his claim.
When discussing denials directly with injured workers, it is important to make clear they must request a hearing in writing within 60 days of the mailing date of the denial, if they have issues with the denial. These conversations can often feel casual, but they may later be used as evidence at hearing to show claimant had a “good cause” reason for failing to request a hearing on the denial within 60 days. If a claimant can show they took steps to appeal or further understand a partial denial within 60 days of the mailing date of the denial, they may be able to establish good cause for an untimely request for hearing.
The 180-day cutoff for “good cause” determinations remains quite rigid. If a request for hearing is filed more than 180 days after the mailing date of the denial, a worker must show lack of mental competency (mental disorder, mental illness, or nervous disorder as required for commitment or voluntary admission to a treatment facility) for their request for hearing to be considered. ORS 656.319(2)-(3); Wright v. Bekins Moving and Storage Co., 97 Or App 45 (1989). If a claimant files a request for hearing more than 180 days after the mailing date of the denial, the hearing is barred as untimely unless the claimant can prove commitment or voluntary admission to a treatment facility for a mental disorder.
Even though there is a 60-day deadline for claimants to request a hearing on a denial, there are several circumstance where a claimant may still be entitled to a hearing if their request is filed greater than 60 days, but within 180 days of the mailing date of a denial. If you have any questions about defending a denial with an untimely request for hearing, you can contact me at or (971) 383-2846.
Posted by Sydney Klupar.
