No. 07-0065M (2008). MICHAEL T. ALIOTH, Claimant.

• Court: Oregon

Oregon Worker Compensation 2008. No. 07-0065M (2008). MICHAEL T. ALIOTH, Claimant In the Matter of the Compensation of MICHAEL T. ALIOTH, ClaimantOwn Motion No. 07-0065MTHIRD OWN MOTION ORDER REVIEWING CARRIER CLOSURE ON RECONSIDERATIONC David Hall, AAL, Claimant Attorneys VavRosky MacColl Olson et al, Defense AttorneysReviewing Panel: Members Lowell and Biehl.On December 17, 2007, we withdrew our prior orders that affirmed the self-insured employer's April 30, 2007 Own Motion Notice of Closure. We took this action to consider additional medical evidence from claimant's attending physician. Having received the parties' positions and submissions, we adhere to our prior decision, as supplemented below. Under ORS 656.278(6) and OAR 438-012-0055, the propriety of the closure turns on whether claimant was medically stationary at the time of the April 30, 2007 Notice of Closure, considering claimant's compensable condition at that point and not subsequent developments. Sullivan v. Argonaut Ins. Co., 73 Or App 694 (1985); Dale M. Ackler, 55 Van Natta 3783, 3785 (2003); Donald B. Huege, 55 Van Natta 1952 (2003). "Medically stationary" means that no further material improvement would reasonably be expected from the medical treatment, or the passage of time. ORS 656.005(17). The issue of a claimant's medically stationary status is primarily a medical question to be decided based on competent medical evidence. Harmon v. SAIF, 54 Or App 121, 125 (1981); Thomas L. Bishop, 55 Van Natta 147, 149 (2003). In our August 2, 2007 order affirming the Notice of Closure, we found that Dr. McCluskey's medical reports did not establish that the claim was prematurely closed. We found that the opinions of Drs. Gripekoven and Smith persuasively established that claimant's condition was medically stationary when the claim was closed. Claimant sought reconsideration of our August 2, 2007 order. He did not offer any substantive argument or further evidence in support of his request for reconsideration. As a result, on August 16, 2007, we adhered to our previously expressed reasoning and conclusion that claimant's compensable condition was medically stationary when the employer closed his claim on April 30, 2007. On September 17, 2007, we withdrew our prior orders and implemented a supplemental briefing schedule. We took this action because...