No. 08-0168M (2008). GRACIELA LOERA, Claimant.

• Court: Oregon

Oregon Worker Compensation 2008. No. 08-0168M (2008). GRACIELA LOERA, Claimant In the Matter of the Compensation of GRACIELA LOERA, ClaimantOwn Motion No. 08-0168MOWN MOTION ORDERGail M Gage, AAL, Claimant Attorneys Liberty NW Ins Corp, Defense AttorneysReviewing Panel: Members Biehl and Langer.The insurer has submitted claimant's request for claim reopening for a "post-aggravation rights" new/omitted medical condition ("right rotator cuff tear"). ORS 656.278(1)(b). Claimant's aggravation rights have expired. The insurer recommends reopening of claimant's 2000 claim. On November 28, 2007, the insurer issued a Modified Notice of Acceptance to include a "post-aggravation rights" new/omitted medical condition ("right rotator cuff tear"). Thus, the aforementioned "post-aggravation rights" new/omitted medical condition has been "determined to be compensable." See OAR 438-012-0001(4)(a); James W. Jordan, 58 Van Natta 34 (2006). Furthermore, within 30 days after the claim has been "determined to be compensable," the carrier must either voluntarily reopen the claim or submit a recommendation to the Board for or against reopening. OAR 438-012-0030(1). This 30-day processing period runs from the date of the initial determination of compensability. See OAR 438-012-0030(1); Michael D. Pickett, 59 Van Natta 319 (2007). Here, on November 28, 2007, the insurer issued a Modified Notice of Acceptance to include the aforementioned "post-aggravation rights" new/omitted medical condition. Thus, as of that date, the "post-aggravation rights" new/omitted medical condition had been "determined to be compensable."(fn1) Accordingly, we have jurisdiction to address the "claim reopening" issue. ORS 656.267(3). There are two requirements...