55 Van Natta 4133 (2003). DONNA D. WHITE, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4133 (2003). DONNA D. WHITE, Claimant 4133In the Matter of the Compensation of DONNA D. WHITE, ClaimantWCB Case No. 02-06370ORDER ON REVIEWMitchell and Guinn, Claimant Attorneys Hitt et al, Defense AttorneysReviewing Panel: Members Biehl and Lowell.Claimant requests review of Administrative Law Judge (ALJ) Podnar's order that declined to order the insurer to reopen her claim for processing under ORS 656.262(7)(c). On review, the issue is claim processing. We reverse. FINDINGS OF FACT We adopt the ALJ's "Findings of Fact." CONCLUSIONS OF LAW AND OPINION Claimant experienced a compensable lumbosacral strain on January 3, 1999. The claim was accepted and, on July 15, 1999, closed. Claimant then requested that the insurer accept additional conditions. The insurer denied the additional conditions and later issued a "back-up" denial of claimant's entire claim under ORS 656.262(6)(a). A prior ALJ set aside the "back-up" denial and remanded the claim to the insurer for processing in accordance with workers' compensation laws.1 Thereafter, claimant requested that the insurer reopen the claim for processing to claim closure. When the insurer declined the request, claimant filed a hearing request. Reasoning that the claim had already been closed, the ALJ found that claimant's accepted condition claim had already been previously processed. Claimant's requested relief was, therefore, denied. On review, claimant contends that, because the insurer's "back-up" denial was overturned by the prior ALJ, the insurer is required to reopen the claim for processing under ORS 656.262(7)(c) and closure under ORS 656.268. For the following reasons, we conclude that the insurer must reopen the claim. ORS 656.262(7)(c) provides, in relevant part, that "[i]f a condition is found compensable after claim closure, the insurer * * * shall reopen the claim for processing regarding that condition." The insurer contends, and the ALJ agreed, 1 The prior ALJ upheld the insurer's denial of the additional conditions. 55 Van Natta 4133 (2003) 4134that a complete reading of ORS 656.262(7) demonstrates that the section applies only to newly accepted conditions. However, the only limitation found in the statute is that the condition be found compensable after claim closure. Joseph A. Gerber, 51 Van Natta 278, 280 (1999)...