55 Van Natta 4207 (2003). RANDY L. PARR, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4207 (2003). RANDY L. PARR, Claimant 4207In the Matter of the Compensation ofRANDY L. PARR, ClaimantOwn Motion No. 03-0470MOWN MOTION ORDERDale C Johnson, Claimant Attorneys SAIF Legal, Defense AttorneysReviewing Panel: Members Lowell and Kasubhai.The SAIF Corporation has submitted claimant's request for claim reopening. Claimant's aggravation rights have expired. SAIF noted that the request for reopening pertains to a "post-aggravation rights" new medical condition claim, which SAIF identifies as "zerostomia and resultant `dental caries'" on its Carrier's Own Motion Recommendation. See ORS 656.278(1)(b) (2001). SAIF recommended against reopening, contending that because claimant has been declared permanently and totally disabled (PTD), he is no longer in the work force and, therefore, not entitled to have his claim reopened. Claimant's aggravation rights expired on November 1, 1998, five years from the initial claim closure. ORS 656.273(4)(a). In August 2003, well after expiration of his aggravation rights, claimant initiated a new medical condition claim for "dental caries . . . as a consequence of his industrial injury/treatment/medications." Therefore, this "post-aggravation rights" new medical condition claim is in our Own Motion jurisdiction. ORS 656.267(3) (2001); ORS 656.278(1)(b) (2001); James J. Kemp, 54 Van Natta 491, 498-99 (2002). Furthermore, the clear language of ORS 656.267(3) (2001) requires that "post-aggravation rights" new medical condition claims "be processed as requests for relief under the Workers' Compensation Board's own motion jurisdiction pursuant to ORS 656.278(1)(b)." Nothing in ORS 656.267(3) (2001) provides an exception for processing of such claims initiated by a claimant who has been awarded permanent total disability benefits on the initial injury claim. Thomas E. Miller, 55 Van Natta 3844 (2003). Thus, the determinative issue is whether this "post-aggravation rights" new medical condition claim satisfies the requirements for reopening under ORS 656.278(1)(b) (2001). There are two requirements regarding claim reopening for a "post- aggravation rights" new or omitted medical condition claim. First, the new or omitted medical condition claim must have been initiated after the expiration of the 55 Van Natta 4207 (2003) 4208 claimant's...