55 Van Natta 4288 (2003). STEVEN A. ALLENDER, Claimant.

CourtOregon
Oregon Workers Compensation 2003. 55 Van Natta 4288 (2003). STEVEN A. ALLENDER, Claimant 4288In the Matter of the Compensation of STEVEN A. ALLENDER, ClaimantOwn Motion No. 02-0293MOWN MOTION ORDERScott M Mcnutt Sr, Claimant Attorneys John M Pitcher, Defense AttorneysReviewing Panel: Members Langer and Biehl.The self-insured employer has submitted a "Carrier's Own Motion Recommendation," indicating that claimant seeks reopening of his 1992 injury claim for a "post-aggravation rights" new or omitted medical condition claim for an L4-5 disc herniation. See ORS 656.278(1)(b) (2001). The employer recommends against reopening the claim, contending that the "post-aggravation rights" new or omitted medical condition is not compensable. Based on the following reasoning, we agree. FINDINGS OF FACT Claimant sustained a compensable injury in March 1992. The employer accepted a thoracic and lumbar strain on June 24, 1992. (Ex. 8A).1 The claim was classified as nondisabling. Thus, claimant's aggravation rights expired five years from the date of acceptance. See ORS 656.273(4)(a). Claimant suffered from occasional low back problems, but did not seek treatment until December 2001. In December 2001, claimant reported the onset of leg pain and tingling into his feet, right greater than the left. His attending physician, Dr. Whitney, diagnosed mechanical back pain. In February 2002, claimant attended an insurer-arranged medical examination with Drs. Morton and Bald. They diagnosed a thoracolumbar strain, resulting from the work exposure of 1992, resolved, and degenerative discopathy at L4-5. (Ex. 23-9). On March 12, 2002, the employer denied claimant's claim for his current low back condition. (Exs. 19, 22). In June 2002, claimant made a formal written request that the employer accept an L4-5 disc herniation. The employer denied claimant's request. Claimant requested a hearing to protest each denial. 1 Citations to the record refer to exhibit numbers in WCB Case No. 02-02275. 55 Van Natta 4288 (2003)4289 The ALJ found that the Hearings' Division lacked jurisdiction to determine the compensability of claimant's "post-aggravation rights" new or omitted medical condition claim, and dismissed claimant's hearing request accordingly. In a contemporaneously issued "Own Motion Recommendation," the ALJ concluded that claimant had not met his burden...

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