55 Van Natta 4223 (2003). CARL D. SUTHERLAND, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4223 (2003). CARL D. SUTHERLAND, Claimant 4223In the Matter of the Compensation of CARL D. SUTHERLAND, ClaimantOwn Motion No. 03-0372MOWN MOTION ORDER ON RECONSIDERATIONMalagon Moore et al, Claimant Attorneys Johnson Nyburg and Andersen, Defense AttorneysReviewing Panel: Members Kasubhai and Langer.The insurer requests reconsideration of our November 17, 2003 Own Motion Order that: (1) found that claimant's "post-aggravation rights" new medical condition (C6-7 disc collapse) was compensably related to his 1989 accepted injury; and (2) awarded an assessed attorney fee. The insurer asks us to reconsider our Own Motion Order in light of a Disputed Claim Settlement (DCS) agreement, approved on October 30, 2003. The DCS provides that the insurer's denial of the following conditions shall remain final: (1) C5-6 radiculopathy and foraminal stenosis; (2) periosteal reaction of the distal clavicle and AC joint arthritis of the right shoulder; (3) cervical spondylotic disc disease at C5-6; (4) bilateral foraminal stenosis at C6-7; and (5) degenerative disc disease at C6-7 with associated nerve root upper extremity radiculopathy. The DCS also states that the conditions accepted by the insurer as related to the 1989 claim were disc herniations at C5-6 and C6-7. Our consideration of the parties' DCS does not alter the conclusions reached in our recent order. As stated in our prior order, claimant requested acceptance of the following conditions on May 8, 2003: (1) C5-6 disc herniation with radiculopathy and foraminal stenosis; (2) periosteal reaction of the distal clavicle and AC joint arthritis of the right shoulder; (3) cervical spondylotic disc disease and radiculitis C5-6 requiring...