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In re Compensation of Yi

Court of Appeals of Oregon

October 4, 2017

In the Matter of the Compensation of Minkyu Yi, Claimant.
v.
CITY OF PORTLAND, Respondent. Minkyu YI, Petitioner,

          Argued and submitted September 27, 2016

         Workers' Compensation Board 1006507.

          Donald M. Hooton argued the cause and fled the brief for petitioner.

          Linh T. Vu argued the cause and fled the brief for respondent.

          Before Tookey, Presiding Judge, and DeHoog, Judge, and Sercombe, Senior Judge. [*]

         Case Summary:

         Claimant 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.

         Held:

         In 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the notice of closure, the original notice of closure, which did not attribute impairment to the combined condition, is superseded.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.

         Affirmed.

         [288 Or. 136] TOOKEY, J.

         In this 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.

         Claimant 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.

         The 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 ...


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