55 Van Natta 4169 (2003). EVERETTE H. RISHEL, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4169 (2003). EVERETTE H. RISHEL, Claimant 4169In the Matter of the Compensation ofEVERETTE H. RISHEL, ClaimantOwn Motion No. 03-0153MOWN MOTION ORDERMalagon Moore et al, Claimant Attorneys Curtis Morley, Liberty NW Ins Corp, Insurance CarrierReviewing Panel: Members Langer and Biehl.The insurer has submitted claimant's request for claim reopening for worsening of his cervical condition (C6-7 disc herniation). See ORS 656.278(1)(a) (2001). Claimant's aggravation rights have expired. The insurer opposes the reopening of the claim, contending that claimant has withdrawn from the workforce. Pursuant to ORS 656.278(1)(a) (2001), there are three requirements to reopen an Own Motion claim for a worsening of a compensable injury. First, the worsening must result in an inability of the worker to work. See James J. Kemp, 54 Van Natta 491 (2002). Second, the worsening must require hospitalization, surgery (either inpatient or outpatient), or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the worker to return to work. Id.Third, the worker must be in the "work force" at the time of disability as defined under the criteria in Dawkins v. Pacific Motor Trucking, 308 Or 254 (1989).1 Id.If a claimant meets these requirements, his or her Own Motion claim qualifies for reopening either by the Board or the carrier. Here, claimant's "work force" status has been challenged. Thus, claimant must provide evidence, such as copies of paycheck stubs, income tax forms, unemployment compensation records, a list of employers where claimant looked for work and dates of contact, a letter from the prospective employer, or a letter from a doctor stating that a work search would be futile because of claimant's 1 Pursuant to the Court's reasoning in Dawkins, a claimant is in the work force at the time of disability if he or she is: (1) engaged in regular gainful employment; or (2) not employed, but willing to work and is...