| IN RE: CONI L. OAKES | ) | DOCKET NOS. 90 1968 & 90 1969 |
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| Claim No. J-411805 | ) | ORDER DENYING APPEAL |
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An appeal was filed by the claimant, on April 10, 1990, from orders of the Department of Labor and Industries dated August 29, 1989 and October 20, 1989. The order dated August 29, 1989 ended time-loss compensation as paid to August 24, 1989 and closed the claim without award for permanent partial disability. We assigned Docket No. 90 1968 to the appeal of this order. The order dated October 20, 1989 held the order of August 29, 1989 in abeyance pending further consideration and the entering of a further determinative order. We assigned Docket No. 90 1969 to the appeal of the order dated October 20, 1989.
From a review of the Department record in this matter it appears that on September 25, 1989 the Board received the claimant's appeal of the order dated August 29, 1989 (Docket No. 89 4188). Thereafter, in response to the Department's order of October 20, 1989, we issued our Order Returning Case to the Department for Further Action, denying the appeal of the order dated August 29, 1989, without prejudice to the right of any party to appeal from any further order of the Department.
The claimant is aggrieved by the Department's failure to issue a further order within the time allowed by law. It does not appear that the Department issued a further order within ninety days as required by RCW 51.52.060. To that extent, the claimant's notice of appeal is correct. However, the Department's failure to act within the time allowed by RCW 51.52.060 does not make the orders of August 29,1989 or October 20, 1989 appealable. The order of October 20, 1989 was entered within the time allowed by RCW 51.52.060. It was lawfully entered. Therefore, the order of August 29, 1989 was held in abeyance and ceased to be final order of the Department. The appeals of the orders dated August 29, 1989 and October 20, 1989 are therefore denied.
We would ordinarily direct the Department to forthwith issue a further order as required by RCW 51.52.060. However, it appears that on May 4, 1990 the Department issued a further order which set aside the order of August 29, 1989 and held it for naught, directing that the claim remain open for authorized treatment and action as indicated. The denial of these appeals i s without prejudice to the right of any party to appeal the order of May 4, 1990. [2]
It is so ORDERED.
Dated this 9th day of May, 1990.
BOARD OF INDUSTRIAL INSURANCE APPEALS
/s/
SARA T. HARMONChairperson
/s/
FRANK E. FENNERTY, JR.Member
/s/
PHILLIP T. BORKMember