55 Van Natta 4211 (2003). THOMAS R. RHODES, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4211 (2003). THOMAS R. RHODES, Claimant 4211In the Matter of the Compensation of THOMAS R. RHODES, Claimant Own Motion No. 03-0472MINTERIM OWN MOTION ORDER POSTPONING ACTION ON REVIEW OFCARRIER CLOSURE Scott M Mcnutt Jr, Claimant Attorneys Stoel Rives LLP, Defense AttorneysReviewing Panel: Members Kasubhai and Langer.Claimant requests review of the self-insured employer's November 10, 2003 Notices of Closure that: (1) declared claimant's condition medically stationary as of February 24, 2003; (2) awarded temporary disability benefits from April 22, 2002 through February 24, 2003; and (3) awarded no permanent disability for his "post-aggravation rights" new/omitted medical conditions ("superior labral tear and posterior labral tear, chronic right mildly moderate posterior shoulder instability, resultant degenerative arthritis of the posterior glenoid and perilabral posterior superior ganglion cyst secondary to chronic posterior labral detachment"). Claimant requests the appointment of a medical arbiter to evaluate his permanent impairment. FINDINGS OF FACT On June 25, 1981, claimant sustained a compensable right shoulder injury, which the employer accepted as a disabling injury claim. Claimant's aggravation rights have expired. On June 6, 2003, we issued an Own Motion Order, which authorized the reopening of claimant's 1981 claim for a "worsening" of his previously accepted right shoulder strain. ORS 656.278(1)(a) (2001). Subsequently, on September 18, 2003, as amended November 4, 2003, the employer voluntarily reopened claimant's claim for the "post-aggravation rights" new medical condition ("superior labral tear and posterior labral tear, chronic right mildly moderate posterior shoulder instability, resultant degenerative arthritis of the posterior glenoid and perilabral posterior superior ganglion cyst secondary to chronic posterior labral detachment") by filing 3501 forms. ORS 656.278(1)(b) (2001); ORS 656.278(5) (2001); OAR 438-012-0030. On November 10, 2003 the employer closed the worsening and new medical condition claims with Own 55 Van Natta 4211 (2003)4212Motion Notices of Closure that awarded no permanent disability benefits for the "post-aggravation rights" new/omitted medical condition. Claimant has requested review of the employer's November 2003 Notices of...