No. 08-0081M. RICHARD J. LECHER, Claimant.

• Court: Oregon

Oregon Worker Compensation 2008. No. 08-0081M. RICHARD J. LECHER, Claimant In the Matter of the Compensation of RICHARD J. LECHER, ClaimantOwn Motion No. 08-0081MOWN MOTION ORDERUnrepresented Claimant Broadspire, Insurance CarrierReviewing Panel: Members Biehl and Lowell.The self-insured employer has submitted its Own Motion Recommendation against the reopening of claimant's 1995 right knee injury claim for a "worsening" of his previously accepted conditions. See ORS 656.278(1)(a). Claimant's aggravation rights have expired. The employer opposes reopening, contending, among other issues, that claimant's compensable conditions do not require any medical treatment that qualifies for claim reopening. Based on the following reasoning, we deny claim reopening. Pursuant to ORS 656.278(1)(a), among the requirements for the reopening of an Own Motion claim for a worsening of a compensable injury is a requirement that the worsening must require hospitalization, surgery (either inpatient or outpatient), or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the worker to return to work. Heath A. Wiltfong, 57 Van Natta 3108 (2005). If any one of the three qualifying medical treatments listed in ORS 656.278(1)(a) is satisfied, a "worsening condition" claim meets the medical treatment requirement for claim reopening in Own Motion. Larry D. Little, 54 Van Natta 2536 (2002). The three qualifying medical treatments listed in ORS 656.278(1)(a) are defined as follows: (1) "Surgery" is an invasive procedure undertaken for a curative purpose that is likely to temporarily disable the worker; and (2) "hospitalization" is a nondiagnostic procedure that requires an overnight stay in a hospital or similar facility. Little, 54 Van Natta at 2542. The third type of qualifying treatment requires establishment of three elements: (1) curative treatment (treatment that relates to or is used in the cure of diseases, tends to heal, restore to health, or to bring about recovery); (2) prescribed (directed or ordered by a doctor) in lieu of (in the place of or instead of) hospitalization; and (3) is necessary (required or essential) to enable (render able or make possible) the injured worker to return to work. Little, 54 Van Natta at 2546. Whether a worsening of the compensable injury requires hospitalization, inpatient...