Summary
In Kalakay v. City of Eugene, 92 Or. App. 699, 759 P.2d 336 (1988), the notice of denial was sent to the correct address for the claimant and her roommate, but the claimant did not personally receive it.
Summary of this case from Saif v. CurtisOpinion
WCB 86-08667; CA A46467
Argued and submitted July 22, 1988
Affirmed August 24, 1988
Judicial Review from Workers' Compensation Board.
Roger Ousey, Eugene, argued the cause and filed the brief for petitioner.
William H. Walters, Portland, argued the cause for respondent. With him on the brief were Brian B. Doherty and Miller, Nash, Wiener, Hager Carlsen, Portland.
Before Warden, Presiding Judge, and Van Hoomissen and Graber, Judges.
PER CURIAM
Affirmed.
In this workers' compensation case, employer issued a denial of compensability of psychotherapy for claimant on March 12, 1985. The denial was received by claimant's roommate before March 25 at the correct address at the time for claimant and her roommate. Claimant did not personally receive the notice of denial. She filed a request for hearing on June 23, 1986, which the referee dismissed with prejudice because it was untimely filed. The Board affirmed the referee without comment, and claimant seeks review. We affirm. Anderson v. EBI Companies, 79 Or. App. 345, 349, 718 P.2d 1383, rev den 301 Or. 445 (1986).
Affirmed.