55 Van Natta 4276 (2003). FRANCIS G. SHAW, Claimant.

CourtOregon
Oregon Workers Compensation 2003. 55 Van Natta 4276 (2003). FRANCIS G. SHAW, Claimant 4276In the Matter of the Compensation of FRANCIS G. SHAW, ClaimantOwn Motion No. 02-0321MOWN MOTION ORDERWestmoreland and Mundorff, Claimant Attorneys Ken Russell, SAIF Legal, Defense AttorneysReviewing Panel: Members Biehl and Lowell.The SAIF Corporation has submitted claimant's request for reopening of his Own Motion claim for a "post-aggravation rights" new medical condition (torn left medial meniscus). See ORS 656.278(1)(b) (2001). Claimant's aggravation rights under his 1977 claim have expired. SAIF opposes reopening, contending that claimant's new medical condition is not compensably related to his previously accepted claim. We deny the reopening of the claim. FINDINGS OF FACT On May 6, 2003, we referred claimant's request for Own Motion relief to the Hearings Division for an Administrative Law Judge (ALJ) to make findings of fact and conclusions of law and a recommendation as to whether Own Motion relief should be granted under claimant's June 3, 1977 claim. A hearing convened on August 4, 2003. On August 28, 2003, the ALJ issued an "Own Motion Recommendation," recommending that we deny claimant's request for "Own Motion" reopening of the...

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