55 Van Natta 4125 (2003). CLAYTON W. HEIPLE, Claimant.

CourtOregon
Oregon Workers Compensation 2003. 55 Van Natta 4125 (2003). CLAYTON W. HEIPLE, Claimant 4125In the Matter of the Compensation of CLAYTON W. HEIPLE, ClaimantOwn Motion No. 02-0308MOWN MOTION ORDERClaimant Unrepresented Norman Cole, SAIF Legal, Defense AttorneysReviewing Panel: Members Biehl and Lowell.The SAIF Corporation has submitted claimant's request for claim reopening for a "post-aggravation rights" new medical condition (left hip osteoarthritis/degenerative joint disease). ORS 656.278(1)(b) (2001). Claimant's aggravation rights have expired. SAIF opposes reopening, contending that claimant's new medical condition is not related to his previously accepted claim. We deny the reopening request. FINDINGS OF FACT Claimant suffered a compensable left knee injury on April 22, 1980. Claimant's aggravation rights have expired. The claim was initially accepted for a "left knee strain/sprain, left bucket handle tear medial meniscus." In 2001, claimant asked SAIF to amend its acceptance to include left knee medial compartment osteoarthritis and a left hip strain. SAIF amended its acceptance to include "left knee medial compartment osteoarthritis, disabling," but it denied compensability and responsibility of a left hip condition. Claimant requested a hearing and a hearing was scheduled. Claimant also requested that Own Motion matters be consolidated with the pending hearing (regarding WCB Case No. 01-08873). On January 10, 2003, we granted claimant's consolidation request. Following the consolidated proceeding, the ALJ was directed to issue a recommendation including findings of fact and conclusions of law regarding the issues raised in claimant's request for Own Motion relief. A hearing convened on August 8, 2003. The ALJ dismissed claimant's request for hearing regarding WCB Case No. 01-08873, finding that jurisdiction over the matter rested within the Board's Own Motion jurisdiction. In addition, 55 Van Natta 4125 (2003)4126the ALJ issued an "Own Motion Recommendation," recommending that we find that claimant's left hip condition is not compensable.1 CONCLUSIONS OF LAW AND OPINION Claimant's aggravation rights under the 1980 claim expired on October 29, 1985. Consequently, claimant's "post-aggravation rights" new condition claim falls within our Own Motion jurisdiction under ORS 656.278(1)(b) (2001). See ORS 656.267(3) (2001)...

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