Opinion
WCB 90-16879; CA A75971; SC S40433
Submitted on petition for review August 11, 1993,
petition for review allowed; decision of the Court of Appeals vacated and case remanded to the Court of Appeals with instructions November 18, 1993
In Banc
On review from the Court of Appeals.
Judicial review from the Workers' Compensation Board. 121 Or. App. 206, 856 P.2d 344 (1993).
Mary Ellen Coleman, petitioner on review pro se, filed the petition for review.
No appearance contra.
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals with instructions to dismiss the judicial review.
Neither this court nor the Court of Appeals had jurisdiction of this appeal, because the petition for judicial review was not timely served on the Workers' Compensation Board, as required by ORS 656.298 (3). Southwest Forest Industries v. Anders, 299 Or. 205, 218-19, 701 P.2d 432 (1985). Accordingly, the petition for review is allowed, the decision of the Court of Appeals is vacated, and the case is remanded to the Court of Appeals with instructions to dismiss the petition for judicial review.