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Snyder v. Interstate Distributor Co.

Summarized by: 

Date Filed: 10-19-2011
Case #: A145865
Schuman, P.J. for the Court; Wollheim, J.; & Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A145865.pdf

Workers Compensation: An employer may demonstrate a claimant's lack of diligence by showing that the claimant failed to request a timely hearing to review a claim denial, and the claimant’s lack of diligence cannot be shown by inaction prior to the injury.

Petitioner Snyder appealed an order by the Workers Compensation Board dismissing his request for a hearing on the denial of his claim for an on-the-job injury. Snyder asserted that the board erred in finding his showing of “good cause” insufficient to extend the 60-day filing period. Snyder learned very late in the notification period that his claim was denied because the insurance company had twice mailed the notice to an old address that Snyder failed to update with his employer. The Court of Appeals agreed with Snyder that the board’s lack of diligence analysis was misapplied to his failure to update his address, and further clarified that the lack of diligence could only have been shown by Snyder’s filing of the request on the 61st day after the denial was mailed. Absent a reason in the record from Snyder for his lack of response within the 60-day window, the Court found the trial court did not abuse its discretion. Affirmed.