Claimant’s request for hearing on 10 year old denial is untimely.

Vaniman-Megan_160-x-222On October 26, 2006, SAIF issued a denial of claimant’s injury claim. The denial was mailed via certified mail and a person who identified himself as claimant signed for the denial. In June 2015, claimant requested hearing on the denial. Claimant testified that the address the denial was sent to was his address but denied signing for it.

Claimant argued the statutory timeline for requesting the hearing did not start until he was made aware of the denial in June 2015. The Board first held the relevant time period for starting the statutory timeline is the date the denial is mailed, not the date claimant became aware of the denial. The Board next held, per ORS 656.319(1), there is no statutory basis for excusing a request for hearing more than 180 days from the mailing date.

If you are concerned about a claimant requesting hearing on a 10 year old denial, please contact me at mvaniman@sbhlegal.com.