Fazzolari v. United Beer Distributors

The Workers’ Compensation Law provides that an injured worker’s claim “shall not be closed nor temporary disability compensation terminated if the worker’s condition has not become medically stationary * * *.” ORS 656.268(1). That section (in the form applicable here) continues:

“(2) When the injured worker’s condition resulting from a disabling injury has become medically stationary, * * * the insurer or self-insured employer shall so notify the Evaluation Division, the worker, and the employer, if any, and request the claim be examined and further compensation be determined. * * * If the…