55 Van Natta 4278 (2003). RANDY A. BILYEU, Claimant.

CourtOregon
Oregon Workers Compensation 2003. 55 Van Natta 4278 (2003). RANDY A. BILYEU, Claimant 4278In the Matter of the Compensation of RANDY A. BILYEU, ClaimantOwn Motion No. 03-0014MOWN MOTION ORDERBlack Chapman et al, Claimant Attorneys SAIF Legal, Defense AttorneysReviewing Panel: Members Lowell and Kasubhai.The SAIF Corporation has submitted claimant's request for claim reopening for a "post-aggravation rights" new medical condition, diagnosed as a chronic L5-S1 disc herniation with radiculopathy. ORS 656.278(1)(b) (2001). Claimant's aggravation rights have expired. SAIF opposes reopening, contending that claimant's new medical condition is not related to his previously accepted claim. FINDINGS OF FACT Claimant injured his back in 1987 while working for SAIF's insured. His claim was accepted for a mild lumbar strain. (Ex. 4). The claim was initially closed by a September 11, 1987 Determination Order with no award of permanent disability. (Ex. 11). Claimant developed back pain again in April 1989. Based on a June 1989 insurer-arranged medical examination, Dr. Thompsen opined that claimant had suffered a work-related exacerbation of his original condition. (Ex. 28). An MRI revealed mild degenerative changes at L5-S1 with a small disc bulge at that level. (Ex. 24). A January 1990 Determination Order reclosed the claim, awarding 26 percent unscheduled permanent disability. (Ex. 51). Claimant received an additional 5 percent unscheduled permanent disability pursuant to a July 1990 stipulation. (Ex. 51). Between 1990 and 1995, claimant continued to work for SAIF's insured performing relatively light work. In 1995, claimant began working for a roofing company, insured by Liberty. He worked with intermittent back pain between 1995 and 2000, when he pulled a radiator top off of a motor at work and experienced a return of significant low back pain. In February 2000, he filed a claim with Liberty, who subsequently denied the claim. Claimant did not appeal the denial. (Exs. 51A, 51B). 55 Van Natta 4278 (2003) 4279 Claimant sought no additional medical treatment for his low back until June 10, 2002, when he saw Dr. Matz and complained of low back pain and numbness down his right leg. (Ex. 52). An MRI scan revealed a disc herniation at L5-S1. (Ex. 57). Claimant filed a claim with Liberty. (Ex. 58). The claim was denied, from which claimant...

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