Matter of Compensation of Barrett

Claimant appeals an order of the Workers’ Compensation Board that reversed the referee’s order that the employer’s insurer accept his claim for aggravation of an earlier compensable injury. Without reaching the merits, the board concluded that claimant’s aggravation claim was not timely filed. We disagree and reverse.

Claimant was injured in 1973. His claim was closed, and after a hearing and board review in 1974, he was granted 25 percent unscheduled disability. In the following years he complained of increased pain and disability. In December, 1978, he sent a letter to the employer’s…