Insurance company has to follow the rules!

The Oregon Workers’ Compensation law has very strict time limits for appealing insurance company denials.  Injured workers who do not file timely appeals can lose all their rights and benefits.  The insurance companies must also follow the rules.  In a recent ruling, the Workers’ Compensation Board said that an injured worker’s request for hearing was timely even though it that was mailed after the 60 day deadline had passed.  This was because the insurer had mailed the denial to the wrong address.  The Board said that the injured worker had a good reason for the late request for hearing because he did not receive the denial in the way the law requires.  When the post office returned the denial to the insurer with notice of the correct address, the insurer did not re-mail the denial as is should have.  Therefore, even though the injured worker eventually received the denial one week before the appeal deadline, it was still not properly served on him so that his appeal filed a week after the deadline was accepted.

If you have received a denial on your workers’ compensation case or have questions regarding an on-the-job injury, contact the law office of Philip H. Garrow

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