55 Van Natta 4219 (2003). JAMES G. EARNEST, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4219 (2003). JAMES G. EARNEST, Claimant 4219In the Matter of the Compensation of JAMES G. EARNEST, ClaimantOwn Motion No. 66-0483MOWN MOTION ORDERRansom Gilbertson Martin et al, Claimant Attorneys Jeff Gerner, SAIF Legal, Defense AttorneysReviewing Panel: Members Langer and Biehl.The SAIF Corporation submitted a "Carrier's Own Motion Recommendation," indicating that claimant seeks reopening of his 1965 right left knee injury claim for a "post-aggravation rights" new medical condition ("osteoarthritis of the left knee"). ORS 656.278(1)(b) (2001). SAIF recommended against the reopening of this Own Motion claim contending, among other issues, that the "post-aggravation rights" new medical condition was not compensably related to the previously accepted condition. Claimant sustained a compensable left knee injury on September 11, 1965. Claimant's aggravation rights have expired. Subsequently, claimant requested that SAIF accept osteoarthritis of the left knee. On June 4, 2003, we referred claimant's Own Motion request to the Hearings Division for fact finding hearing. Prior to the hearing, SAIF agreed to accept, as a "post-aggravation rights" new medical condition, "osteoarthritis of the medial compartment of the left knee." The parties further agreed that the proceedings pending before the Hearings Division should be dismissed with prejudice. Based on the parties' agreement, the record establishes that SAIF has accepted a new medical condition ("osteoarthritis of the medial compartment of the left knee") that was initiated after the expiration of claimant's aggravation...