55 Van Natta 4302 (2003). STEVEN A. ALLENDER, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4302 (2003). STEVEN A. ALLENDER, Claimant 4302In the Matter of the Compensation of STEVEN A. ALLENDER, ClaimantWCB Case No. 02-02275ORDER ON REVIEWScott M McNutt Sr, Claimant Attorneys John M Pitcher, Defense AttorneysReviewing Panel: Members Langer and Biehl.Claimant requests review of Administrative Law Judge (ALJ) Howell's order that dismissed claimant's hearing request regarding the self-insured employer's denial of his "post-aggravation rights" new or omitted medical condition claim for a L4-5 disc herniation. On review, the issue is jurisdiction. We adopt and affirm the ALJ's order with the following supplementation. There is no dispute that claimant suffered a compensable injury in March 1992, and that his aggravation rights expired on March 19, 1997. The issue before the Hearings Division was the employer's denial of claimant's "post-aggravation rights" new or omitted medical condition (L4-5 disc herniation). Concluding that the Hearings Division did not have jurisdiction over a "post-aggravation rights" new medical condition claim, the ALJ dismissed claimant's hearing request. As we explained in James J. Kemp, 54 Van Natta 491 (2002)and Pamela A. Martin, 54 Van Natta 1852 (2002), the statutory amendments to ORS 656.267 (2001) and ORS 656.278 (2001) have affected the processing of new and omitted medical condition claims initiated after the expiration of aggravation rights: i.e., "post-aggravation rights" new and omitted medical condition claims. Specifically, as of January 1, 2002, such claims are within the Board's Own Motion jurisdiction. See Martin, 54 Van Natta at 1856-58. ORS 656.267(3) (2001) provides that "claims for new medical or omitted medical conditions related to an initially accepted claim that are initiated after the rights under ORS 656.273 have expired shall be processed as requests for...