55 Van Natta 4129 (2003). ROBERTA ASHBY, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4129 (2003). ROBERTA ASHBY, Claimant 4129In the Matter of the Compensation of ROBERTA ASHBY, ClaimantOwn Motion No. 03-0471MINTERIM OWN MOTION ORDERErnest M Jenks, Claimant Attorneys Curtis Morley, Liberty NW Ins Corp, Insurance CarrierReviewing Panel: Members Lowell and Biehl.The insurer has submitted its November 11, 2003 "Carrier's Own Motion Recommendation," indicating that claimant seeks reopening of her 1994 claim for a "post-aggravation rights" new or omitted medical condition claim ("right knee medial meniscus tear, right knee lateral meniscus tear, right knee effusion, strain/sprain of the right knee, loss of blood flow of the right knee, ACL tear, and combined right knee condition"). ORS 656.278(1)(b) (2001). The insurer recommends against reopening the claim, contending that these conditions are not compensably related to the 1994 injury. Claimant requests that we refer the matter for a fact-finding hearing regarding the compensability issues on the "post-aggravation rights" new or omitted medical condition claim. Based on the following reasoning, a "hearing referral" is unnecessary. Claimant sustained a compensable right knee injury on April 14, 1994. The insurer accepted a disabling claim for that injury, which was initially closed in May 1995.1 Claimant's aggravation rights have expired. By letter dated September 11, 2003, and received by the insurer on September 12, 2003, claimant made a claim for Workers' Compensation benefits regarding her 1994 injury for both an "aggravation of her previously accepted right knee injury" and a "post-aggravation rights" new or omitted medical condition, requesting that the insurer either accept or deny the following right knee conditions: "right knee medial meniscus tear, right knee lateral meniscus tear, right knee effusion, strain/sprain of the right knee, loss of blood flow of the right knee, ACL tear, and combined right knee condition." Thus, after September 1, 1 On the record submitted, it is not clear what condition the insurer accepted regarding the 1994 right knee injury. In this regard, in its recommendation the insurer lists the accepted condition as "right knee medial meniscus tear in 1994." However, included among the conditions that claimant recently requested the insurer to accept is a "right knee medial meniscus...