55 Van Natta 4206 (2003). KIRK P. MOORE, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4206 (2003). KIRK P. MOORE, Claimant 4206In the Matter of the Compensation of KIRK P. MOORE, ClaimantWCB Case No. 03-02849, 03-00551ORDER ON REVIEWMalagon Moore et al, Claimant Attorneys Johnson Nyburg and Andersen, Defense Attorneys Radler Bohy et al, Defense AttorneysReviewing Panel: Members Langer and Biehl.The self-insured employer requests review of those portions of Administrative Law Judge (ALJ) Spangler's order that: (1) set aside its denial of claimant's aggravation claim for an L5-S1 condition; and (2) assessed a penalty for allegedly unreasonable claim processing. On review, the issues are compensability, aggravation, penalties, and potentially, responsibility. We adopt and affirm the ALJ's order with the following supplementation. Persuasive medical evidence establishes that the worsening of claimant's compensable condition exceeds waxing and waning of symptoms contemplated by the previous permanent disability award as perscribed in ORS 656.273(8). (Ex. 49). Claimant's attorney is...