55 Van Natta 4257 (2003). DANIEL D. SPRING, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4257 (2003). DANIEL D. SPRING, Claimant 4257In the Matter of the Compensation of DANIEL D. SPRING, ClaimantOwn Motion No. 03-0445MOWN MOTION ORDER REFERRING FOR FACT FINDING HEARINGWestmoreland and Mundorff, Claimant Attorneys Curtis Morley, Liberty NW Ins Corp, Insurance CarrierReviewing Panel: Members Kasubhai and Lowell.The insurer has submitted a "Carrier's Own Motion Recommendation," indicating that claimant seeks reopening of his 1996 lumbar strain injury claim for new or omitted medical conditions ("L3-4 and L4-5 disc protrusions, L5-S1 disc extrusion"). See ORS 656.278(1)(b) (2001). The insurer recommends against reopening contending, among other issues, that the compensability of the new/omitted medical conditions for which claimant seeks acceptance has already been determined not to be compensably related to the previously accepted conditions. On April 8, 1996, claimant sustained a compensable low back injury that the insurer accepted as a disabling lumbar strain. Claimant's aggravation rights expired on July 22, 2001, five years after the date of the initial closure. ORS 656.273(4)(a). In 1999, claimant's claim was reopened under ORS 656.273 for an aggravation of the accepted disabling lumbar strain condition. A Notice of Closure regarding that claim issued on June 13, 2002. Claimant appealed the closure and, subsequently, appealed the resulting September 25, 2002 Order on Reconsideration, which reduced claimant's unscheduled permanent disability award to zero. The issue before the Administrative Law Judge (ALJ) was extent of permanent disability. (WCB Case No. 02-07357). On June 5, 2003, the ALJ issued an Opinion and Order that affirmed the Order on Reconsideration, finding no permanent impairment related to the accepted lumbar strain condition. The ALJ also noted that, to date, claimant had made no new medical condition claim related to the 1996 injury. Claimant initially requested Board review of the ALJ's order; however, he subsequently withdrew that request. On July 23, 2003, we issued an Order of Dismissal that dismissed claimant's request for review. Subsequently, claimant requested that the insurer accept L5-S1 disc extrusion and L3-4, L4-5 disc protrusions. The insurer recommends against the reopening of claimant's claim contending, among other...