Nacoste v. Halton Co.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Workers Compensation
  • Date Filed: 12-23-2015
  • Case #: A154040
  • Judge(s)/Court Below: Egan, J. for the Court; Duncon, P.J.; & Lagesen, J.
  • Full Text Opinion

ORS 656.273 does not apply to consequential conditions because those conditions are new medical conditions and distinct from the underlying condition.

Claimant’s knee was injured and the claim was dealt with. A separate condition developed in the same knee, and claimant filed an aggravation claim, which was denied. After a hearing, the ALJ determined that the second injury was a consequential condition of the first, but that a consequential condition could not be the basis for an aggravation claim. The Workers’ Compensation Board affirmed the ALJ’s decision. Claimant argues that the Board erred when it also concluded that a consequential condition could not be the basis for an aggravation claim. A new medical condition claim is different from an aggravation claim, in that a new medical condition is a condition distinct from the condition identified as accepted in the notice of acceptance. “In sum, the board did not err, because ORS 656.273 applies to only the worsening of an underlying accepted condition and does not apply to the development of a new condition.” Affirmed.

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