In the Matter of the Compensation of Minkyu Yi, Claimant.
CITY OF PORTLAND, Respondent. Minkyu YI, Petitioner,
and submitted September 27, 2016
Compensation Board 1006507.
M. Hooton argued the cause and fled the brief for petitioner.
T. Vu argued the cause and fled the brief for respondent.
Tookey, Presiding Judge, and DeHoog, Judge, and Sercombe,
Senior Judge. [*]
seeks review of an order of the Workers' Compensation
Board rejecting his request to modify a notice of closure to
include an award of impairment for a combined condition that
was determined to be compensable after the issuance of the
notice of closure.
light of the determination of the compensability of the
combined condition after the issuance of the notice of
closure, the original notice of closure, which did not
attribute impairment to the combined condition, is
superseded. But the path for a reevaluation of claimant's
disability is not through a modification of that original
notice of closure but through a new notice of closure. The
board therefore did not err in rejecting claimant's
request to modify the original notice of closure.
Or. 136] TOOKEY, J.
workers' compensation case, claimant seeks review of an
order of the Workers' Compensation Board that rejected
his request to modify a notice of closure to include an award
of impairment for a combined condition. We review the
board's order pursuant to ORS 183.482(8)(a) and (c) for
substantial evidence, substantial reason, and errors of law,
conclude that the board did not err, and therefore affirm.
was injured at work in April 2007. Employer accepted a claim
for a lumbar strain. Employer then modified its acceptance to
include a combined condition-lumbar strain combined with
preexisting degenerative disc disease. On August 23, 2007,
employer denied the combined condition, asserting that the
lumbar strain was no longer the major contributing cause of
claimant's disability as of June 19, 2007.
board overturned the denial, reasoning that the medical
evidence did not support the conclusion that, as of June 19,
2007, the otherwise compensable injury ceased to be the major
contributing cause of the disability or need for treatment of