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Hammond v. Albina Engine & Machine Works Inc.

April 23, 1973

HAMMOND, APPELLANT,
v.
ALBINA ENGINE & MACHINE WORKS, INC., RESPONDENT



Appeal from Circuit Court, Multnomah County. Clifford B. Olsen, Judge.

Allen T. Murphy, Jr., Portland, argued the cause and filed the brief for appellant.

Roger R. Warren, Portland, argued the cause for respondent. On the brief was Philip A. Mongrain, Portland.

Thornton, Judge. Schwab, Chief Judge, and Fort, Judge.

Thornton

This is an appeal of a circuit court judgment affirming an order of the Workmen's Compensation Board. The order of the Board affirmed an order by

a hearing officer which granted a motion made by the employer to reinstate his request for a hearing. The hearing proceedings had been ordered dismissed by the hearing officer for lack of activity on the claim on the part of the employer. In this appeal the claimant contends that the hearing officer had no power to reinstate the hearing rights of the employer since the hearing officer's order dismissing the proceedings had stated that the employer had 30 days to file a motion for reinstatement and the motion was not filed until the 33rd day.

The first issue presented is whether the order appealed from is properly before this court.

ORS 656.298 (1) provides:

"Any party affected by an order of the board may, within the time limit specified in ORS 656.295, request judicial review of the order with the circuit court for the county in which the workman resided at the time of his injury, or the county where the injury occurred."

This court in Barr v. Compensation Department, 1 Or App 432, 463 P2d 871 (1970), construed the word "order" in ORS 656.298 (1) to mean only "final orders" which adjudicate a right or impose a duty. In that case we dismissed an appeal from an order of the Workmen's Compensation Board that had remanded claimant's case for a further hearing.

In Hiles v. Compensation Department, 2 Or App 506, 509, 470 P2d 165 (1970), we stated:

"The term 'final order' is not defined in ORS ch 656, and has not previously been defined by the Oregon courts in connection with workmen's compensation. We turn ...


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