55 Van Natta 4197 (2003). JAMES W. DUNN JR., Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4197 (2003). JAMES W. DUNN JR., Claimant 4197In the Matter of the Compensation of JAMES W. DUNN JR., ClaimantOwn Motion No. 03-0387MOWN MOTION ORDERMichael B Dye, Claimant Attorneys Terrall and Terrall, Defense AttorneysReviewing Panel: Members Biehl and Lowell.Claimant seeks Own Motion relief, asserting that the self-insured employer has failed to process his claim for a "post-aggravation rights" new medical condition. In response, the employer contends that claimant has not submitted a claim for a "post-aggravation rights" new medical condition as required by ORS 656.267(1), (3) (2001). Based on the following reasoning, we deny claimant's request. To present a claim for a "post-aggravation rights" new or omitted medical condition, ORS 656.267(1) (2001) requires that the claimant initiate such a claim by clearly requesting the insurer's or self-insured employer's formal written acceptance of a new or omitted medical condition. Claimant contends that he satisfied this statutory requirement by transmitting a letter to the employer's counsel on May 23, 2003. Based on the May 23, 2003 letter and the remainder of the record, we find that claimant: (1) requested that "this claim" be processed pursuant to ORS 656.267 and ORS 656.278(1)(b) (2003); and (2) informed the employer that Board rules require either voluntary reopening of "this claim" for a "post- aggravation rights" new medical condition or submission of a recommendation for or against reopening to the Board. Claimant neither identified the new medical condition claimed nor clearly requested the employer's formal written acceptance of a new or omitted medical condition. See Marshall J. Johnson, 55 Van Natta 866 (2003); Eston Jones, 50 Van Natta 1407, 1409, aff'd on recon 50 Van Natta 1582 (1998) (decided under former ORS 656.262(7)(a)). Thus, claimant did not initiate a "post-aggravation rights" new medical condition claim under ORS 656.267(1), (3) (2001). Claimant further argues that a "new medical condition was found...