Smith v. State Accident Insurance Fund Corp.

Claimant seeks review of a Workers’ Compensation Board order reversing a referee’s order which allowed claimant’s aggravation claim and dismissing the claim as untimely filed. The issues are (1) whether the claim was timely filed, and (2) if so, whether claimant proved a worsening of his compensable condition. ORS 656-.273(l). We hold that the claim was timely filed but that claimant failed to prove a worsening. We therefore affirm.

On March 10,1977, claimant suffered a compensable low back injury. The claim was closed by a determination order on September 27, 1977. Claimant continued to work…