55 Van Natta 4285 (2003). DELINDA S. FRENCH-DAVIS, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4285 (2003). DELINDA S. FRENCH-DAVIS, Claimant 4285In the Matter of the Compensation of DELINDA S. FRENCH-DAVIS, ClaimantOwn Motion No. 03-0489MOWN MOTION ORDERWelch Bruun and Green, Claimant Attorneys Christine James, Liberty NW Ins Corp, Insurance CarrierReviewing Panel: Members Lowell and Biehl.The insurer has submitted claimant's request for claim reopening. Claimant's aggravation rights have expired. The insurer recommends reopening of claimant's 1991 claim for a "post-aggravation rights" new medical condition ("left knee degenerative joint disease, left knee transient peroneal nerve palsy and chronic lumbar pain syndrome secondary to altered gait"). See ORS 656.278(1)(b) (2001). Based on the record, we are persuaded that claimant meets the criteria necessary for her claim to be reopened for a "post-aggravation rights" new medical condition under ORS 656.278(1)(b) (2001). James J. Kemp, 54 Van Natta 419 (2002). Accordingly, we authorize the reopening of claimant's new medical condition claim for the insurer to provide benefits in accordance with law. When claimant's new medical condition is medically stationary, the insurer shall close the claim pursuant to OAR 438-012-0055, including any permanent disability award.1 1 The insurer contends that the request for reopening only "encompasses the rating and payment of a possible further permanent partial disability award." A reopening of the claim for the "post-aggravation rights" new or omitted medical condition does not always mean that a claimant is entitled to the payment of temporary disability compensation. In order to be entitled to temporary disability compensation on a "post-aggravation rights" new or omitted condition claim, a claimant must be a member of the work force during the...