Miltenberger v. Howard's Plumbing

Claimant seeks review of the Workers’ Compensation Board’s own motion order on reconsideration that held that, because claimant’s aggravation rights had expired, it had own motion jurisdiction. Former ORS 656.278. We affirm.

If claimant’s aggravation rights under ORS 656.273 had expired, the Board had own motion jurisdiction. Former ORS 656.278. Although, in that event, ORS 656.278(3) limits claimants’ appeal rights to cases where “the [own motion] order diminishes or terminates a former award,” claimant may seek review of the Board’s determination that, because aggravation rights had expired,…