No. 08-0121M. MARK A. MASSEY SR., Claimant.

• Court: Oregon

Oregon Worker Compensation 2008. No. 08-0121M. MARK A. MASSEY SR., Claimant In the Matter of the Compensation of MARK A. MASSEY SR., ClaimantOwn Motion No. 08-0121MOWN MOTION ORDERGeorge J Wall, AAL, Claimant Attorneys Liberty NW Ins Corp, CarrierReviewing Panel: Members Biehl and Langer.The insurer has submitted claimant's request for reopening of his Own Motion claim for "post-aggravation rights" new medical conditions ("fractures, left transverse processes, L1, L2, L3, third degree burn, left thigh, cervical strain, abrasions both upper and lower extremities, contusion, left orbital rim, contusion, left hip with residual mild trochanteric bursitis, contusion left elbow"). ORS 656.278(1)(b). Claimant's aggravation rights have expired. The insurer recommends reopening of claimant's 1994 claim under ORS 656.278(1)(b). The insurer has accepted the aforementioned "post-aggravation rights" new medical conditions as compensable components of claimant's 1994 injury claim. Under such circumstances, claimant meets the criteria necessary for his claim to be reopened. ORS 656.278(1)(b); Richard L. Willenberg II, 58 Van Natta 165 (2006). Accordingly, we authorize the reopening of the claim for claimant's "post-aggravation rights" new medical conditions ("fractures, left transverse processes, L1, L2, L3, third degree burn, left thigh, cervical strain, abrasions both upper and lower extremities, contusion, left orbital rim, contusion, left hip with residual mild trochanteric bursitis, contusion left elbow") under ORS 656.278(1)(b) for the insurer to provide benefits in accordance with law.[1] When claimant's conditions are medically stationary and there is sufficient information to determine permanent disability for the new medical conditions, the insurer shall close the claim...