DeRoest v. Keystone RV Co.

368 P.3d 464, 276 Or. App. 698

• Court: Court of Appeals of Oregon
• Decided: March 2, 2016
• Docket: 1201220; A156118
• Status: Published

Opinion

PER CURIAM

Claimant, who previously suffered a compensable work-related injury to his left foot, seeks review of an order of the Workers’ Compensation Board, which concluded that claimant failed to prove he suffered a compensable aggravation of that injury. The board upheld employer’s denial of the aggravation claim because it concluded that claimant did not prove an actual worsening of the accepted condition — “left cuboid fracture.” On judicial review, claimant challenges the board’s conclusion that the “actual worsening” requirement of the aggravation statute, ORS 656.273, focuses only on conditions previously identified in a notice of acceptance. We recently agreed with the board’s construction of ORS 656.273, holding that “an aggravation, under ORS 656.273, may only occur upon a condition identified in a notice of acceptance.” Nacoste v. Halton Co., 275 Or App 600, 607, 365 P3d 1098 (2015). Accordingly, we affirm the board’s decision in this case.¹

Affirmed.

1 We reject without written discussion claimant’s challenge to the board’s refusal to award a penalty and attorney fee for conduct by employer that a dissenting board member viewed as a “discovery violation.”