54 Van Natta 269 (2002). EARL K. MCQUOWN, Claimant.

Case DateMay 07, 2002
CourtOregon
Oregon Worker Compensation 2002. 54 Van Natta 269 (2002). EARL K. MCQUOWN, Claimant 269In the Matter of the Compensation of EARL K. MCQUOWN, ClaimantOwn Motion No. 02-0056MOWN MOTION ORDER REVIEWING CARRIER CLOSUREClaimant UnrepresentedReviewing Panel: Members Biehl and Lowell.Claimant requests review of the insurer's February 13, 2002 Notice of Closure, which closed his claim with an award of temporary disability compensation from May 11, 2001 through May 18, 2001.1 The insurer declared claimant medically stationary as of May 18, 2001. In his request for review, claimant contends that his closure was "wrong" because of his ongoing treatment. We interpret claimant's contention to mean he was not medically stationary at claim closure and is entitled to additional benefits. A claim may not be closed unless the claimant's condition is medically stationary. See OAR 438-012-0055(1). "Medically stationary" means that no further material improvement would reasonably be expected from medical treatment or the passage of time. ORS 656.005(17). Claimant bears the burden of proving that he was not medically stationary at claim closure. Berliner v.Weyerhaeuser Corp., 54 Or App 624 (1981). The propriety of the closure turns on whether claimant was medically stationary at the time of the February 13, 2002 Notice of Closure, considering claimant's condition at the time of closure and not of subsequent developments. See ORS 656.268(1); Sullivan v. Argonaut Ins. Co., 73 Or App 694 (1985); Alvarez v. GAB Business Services, 72 Or App 524 (1985). The issue of claimant's medically stationary status is primarily a medical question to be decided based on competent medical evidence. Harmon v. SAIF, 54 Or App 121, 125 (1981); Austin v. SAIF, 48 Or App 7, 12 (1980). 1 Claimant's December 26, 1989 claim was accepted as a disabling claim and was first closed on December 19, 1991. Thus, claimant's aggravation rights expired on December 19, 1996. ORS 656.273(4)(a). When claimant's condition worsened requiring surgery in April 2001, claimant's claim was under our Own Motion jurisdiction. Former ORS 656.278(1)(a). Consistent with our statutory authority, on May 23, 2001, we issued our Own Motion Order authorizing the payment of temporary disability compensation and noted that when claimant was medically stationary, the insurer should close the...

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