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CLELLAND v. CILIONE

97-08921; A110432

37 P.3d 1044 (2001)

178 Or. App. 493

In the Matter of the COMPENSATION OF Joseph L. CILIONE, Claimant. David G. CLELLAND, non-complying employer, Petitioner, v. Joseph L. CILIONE; Department of Consumer and Business Services; and Johnston & Culberson, Inc., Respondents.

Court of Appeals of Oregon.

Decided December 26, 2001.

Attorney(s) appearing for the Case

Scott H. Terrall argued the cause and filed the briefs for petitioner.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondents Department of Consumer and Business Services and Johnston & Culberson, Inc. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance for respondent Joseph L. Cilione.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

WOLLHEIM, J.

In this workers' compensation case, employer seeks judicial review of a Workers' Compensation Board order that held the claim compensable. Employer argues that, because he never received a copy of the request for Board review of the administrative law judge's (ALJ) opinion and order, the request for review was not timely filed, the ALJ's opinion became final, and the Board lacked jurisdiction to review such a final order. We review for substantial evidence...

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