55 Van Natta 4263 (2003). EDWARD A. BILLMAN, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4263 (2003). EDWARD A. BILLMAN, Claimant 4263In the Matter of the Compensation of EDWARD A. BILLMAN, ClaimantOwn Motion No. 03-0465MOWN MOTION ORDER REFERRING FOR CONSOLIDATED HEARINGCary et al, Claimant Attorneys SAIF Legal, Defense AttorneysReviewing Panel: Members Langer and Biehl.The SAIF Corporation has submitted a "Carrier's Own Motion Recommendation," indicating that claimant seeks reopening of his 1996 hernia condition claim for a "post-aggravation rights" new medical condition ("depression"). ORS 656.278(1)(b) (2001).1 SAIF recommends against reopening contending, among other reasons, that claimant's current condition is not causally related to the compensable condition. Claimant sustained a compensable hernia injury on December 9, 1996. Claimant's aggravation rights have expired. SAIF issued a denial. Claimant requested a hearing with the Hearing Division regarding that denial. (WCB Case No. 03-08420). A hearing regarding that denial is scheduled for February 18, 2004 before an Administrative Law Judge (ALJ). At this preliminary stage, it is unclear whether some of the issues at the pending hearing regarding this "pre-September 1, 2003" claim may include a "causation-type" medical service issue related to a "post-aggravation rights" new medical condition claim, in addition to compensability of a "post-aggravation rights" new medical condition claim itself. See Pamela A. Martin, D'cd, 54 Van Natta 1852 (2002) (applying James J. Kemp, 54 Van Natta 491 (2002), Board determined that the Hearings Division did not have jurisdiction over a "post- aggravation rights" new medical condition claim). Assuming that both types of claims are at issue, only the "causation-type" medical service claim would be within the Hearings Division's jurisdiction; a claim regarding the compensability 1 SAIF states that the claim was initiated on August 18, 2003. Inasmuch as the claim was filed prior to September 1, 2003, the amendments to the Board's Own Motion rules are not applicable. See OAR 438-012-0018; WCB Admin Order No. 2-2003, Order of Adoption, page 21; Keith A. Broeckel, 55 Van Natta 3572 (2003). Consequently, the requirement that a carrier issue a denial of a "post- aggravation rights" new or omitted medical condition claim, with a notice of appeal to the Hearings Division, when it is...