55 Van Natta 4334 (2003). RHONDA M. WALLING, Claimant.

• Court: Oregon

Oregon Workers Compensation 2003. 55 Van Natta 4334 (2003). RHONDA M. WALLING, Claimant 4334In the Matter of the Compensation of RHONDA M. WALLING, ClaimantOwn Motion No. 03-0142MOWN MOTION ORDERMcGinty and Belcher, Claimant Attorneys Thomas A Sieg, SAIF Legal, Defense AttorneysReviewing Panel: Members Biehl and Langer.The SAIF Corporation submitted a "Carrier's Own Motion Recommendation," recommending against the reopening of claimant's June 1996 right shoulder injury claim for "post-aggravation rights" new or omitted medical conditions (right carpal tunnel syndrome and right upper extremity myofacial pain syndrome). SeeORS 656.278(1)(b) (2001). Claimant's aggravation rights on that claim have expired. SAIF opposes reopening the claim based, in part, on its contention that claimant's "post-aggravation rights" new or omitted medical conditions are not related to her previously accepted right shoulder injury claim. On May 21, 2003, we referred the Own Motion matter to the Hearings Division for a fact-finding hearing. On August 4, 2003, the scheduled hearing was held. Claimant did not appear personally and was not represented by an attorney at the hearing. On August 21, 2003, the Administrative Law Judge (ALJ) issued an Own Motion Recommendation, recommending that: (1) the right carpal tunnel syndrome and the right upper extremity myofacial pain syndrome be found not compensably related to the June 1996 right shoulder injury claim; and (2) claimant's right shoulder injury claim not be reopened for these "post-aggravation rights" new or omitted medical conditions. We adopt the ALJ's "Findings of Fact," "Conclusions of Law and Opinion," and recommendations, with the following supplementation.1 There are two requirements for reopening a "post-aggravation rights" new or omitted medical condition claim under ORS 656.278(1)(b) (2001). 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. Second, the new or omitted medical condition must be accepted or compensable. See James J. Kemp, 54 Van Natta 491 (2002). 1 Because this Own Motion claim is for a "post-aggravation rights" new or omitted medical condition, we need not address, and do not adopt, the ALJ's findings and conclusions regarding claimant's "work force" status and her...