In Re Compensation of Wild
237 OR.APP. 454, 2010.OR.0000663
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Descripción editorial
Karl Wild filed a claim for workers compensation benefits, which SAIF Corporation processed for Wilds employer, the Oregon Military Department. Wild subsequently obtained counsel and challenged aspects of the administration and review of his claim; however, Wild died during the claim process. After Wilds death, SAIF accepted part of Wilds claim and issued a notice of closure. The attorney who had represented Wild then sought reconsideration by the Workers Compensation Division (WCD) of the notice of closure, which ultimately resulted in an order awarding Wild additional temporary disability benefits. Petitioners, SAIF Corporation and the Oregon Military Department, requested a hearing on the award, which led to an order by an administrative law judge (ALJ) that vacated the award on the ground that Wilds minor daughter, as Wilds beneficiary under the Workers Compensation Law, was the person who had to have timely requested reconsideration. Because, according to the ALJ, Wilds daughter had not done that, the WCD had lacked authority to reconsider the notice of closure. Wilds daughter then appealed the ALJs order to the Workers Compensation Board.