55 Van Natta 4282 (2003). DANIEL H. PARPART, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4282 (2003). DANIEL H. PARPART, Claimant 4282In the Matter of the Compensation of DANIEL H. PARPART, ClaimantOwn Motion No. 03-0385MOWN MOTION ORDER REFERRING FOR CONSOLIDATED HEARINGGlen J Lasken, Claimant Attorneys Radler Bohy et al, Defense AttorneysReviewing Panel: Members Langer and Kasubhai.The self-insured employer has submitted a "Carrier's Own Motion Recommendation," indicating that claimant seeks reopening of his 1991 injury claim for: (1) a worsening of his previously accepted right wrist condition; and (2) a "post-aggravation rights" new or omitted medical condition ("right wrist scapholunate dissociation"). ORS 656.278(1)(a), (b) (2001). The employer recommends against reopening the claim, contending that: (1) claimant's current condition does not require hospitalization, or inpatient or outpatient surgery or other curative treatment prescribed in lieu of hospitalization that is necessary to enable claimant to return to work; (2) claimant's current condition is not causally related to the compensation condition; (3) the employer is not responsible for claimant's current condition; and (4) the proposed medical treatment is not reasonable or necessary for claimant's compensable condition. Claimant sustained a compensable right wrist injury on June 28, 1991. Claimant's aggravation rights have expired. Subsequently, on August 18, 2003, claimant initiated a "post-aggravation rights" new medical condition claim ("scapholunate dissociation"). In August 2003, claimant requested that his claim be reopened for Own Motion relief for both a worsening of his previously accepted right wrist condition and the "post-aggravation rights" new medical condition (right wrist scapholunate dissociation). The employer recommended against reopening the claim on both grounds. In addition, the employer issued a denial on which claimant requested a hearing with the Hearings Division. (WCB Case No. 03-05440). A hearing is pending before an Administrative Law Judge (ALJ). Under ORS 656.278(1)(b) (2001), there are two requirements regarding claim reopening for a "post-aggravation rights" new or omitted medical condition claim. First, the new or omitted medical condition claim must have been initiated after the expiration of the claimant's aggravation rights under ORS 656.273. 55 Van Natta 4282...