55 Van Natta 4121 (2003). PATRICK T. DAGGETT, Claimant.

CourtOregon
Oregon Workers Compensation 2003. 55 Van Natta 4121 (2003). PATRICK T. DAGGETT, Claimant 4121In the Matter of the Compensation of PATRICK T. DAGGETT, ClaimantOwn Motion No. 03-0456MOWN MOTION ORDERCarney Buckley Hays and Marsh, Claimant Attorneys Donna L Johnson, Liberty NW Ins Corp, Insurance CarrierReviewing Panel: Members Lowell and Kasubhai.The insurer has submitted claimant's request for claim reopening. Claimant's aggravation rights have expired. The insurer recommends reopening of claimant's 1989 claim for "post-aggravation rights" new medical conditions ("right meniscus tear resulting in traumatic degenerative joint disease, arthritis with synovitis, right femur fracture").1 See ORS 656.278(1)(b) (2001). Based on the record, we are persuaded that claimant meets the criteria necessary for his claim to be reopened for "post-aggravation rights" new medical conditions ("right meniscus tear resulting in traumatic degenerative joint disease, arthritis with synovitis, right femur fracture"). ORS 656.278(1)(b) (2001); James J. Kemp, 54 Van Natta 419 (2002). Accordingly, we authorize the reopening of claimant's new medical condition claim ("right meniscus tear resulting in traumatic degenerative joint disease, arthritis with synovitis, right femur fracture") for the insurer to provide benefits in accordance with law. When claimant's new medical condition is medically stationary, the insurer shall close the claim pursuant to OAR 438-012-0055. Finally, claimant's attorney is allowed an approved fee in the amount of...

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