Giltner v. SAIF Corp.

The insurer must make the requested lump sum payment unless the award “has not become final by operation of law.” ORS 656.230(1)(b). An award of PPD in a notice of closure generally becomes final by operation of law “60 days after its issuance.” SAIF v. Coburn, 159 Or App 413 (1999).

Giltner sought a lump sum payment for permanent partial disability (PPD) seventeen days after SAIF mailed him a notice of closure, and his request was denied. The Workers’ Compensation Board determined the passage of the seven-day reconsideration window and Giltner’s waiver of his right to challenge the adequacy of the award did not make the award final and SAIF was not required to make a lump sum payment under ORS 656.230(1). Giltner appealed and argued when he waived his right to appeal the adequacy of the award, he met the requirement of ORS 656.230(1) and triggered SAIF’s obligation to pay. SAIF argued that a waiver to appeal the amount does not waive the worker’s right to challenge other aspects. The insurer must make the requested lump sum payment unless the award “has not become final by operation of law.” ORS 656.230(1)(b). An award of PPD in a notice of closure generally becomes final by operation of law “60 days after its issuance.” SAIF v. Coburn, 159 Or App 413 (1999). A worker can challenge the notice of closure in ways other than by appealing the adequacy or amount of the award. Because the award was not final until sixty days after its issuance, SAIF was not immediately required to make a lump sum payment. AFFIRMED.