DeRoest v. Keystone RV Co.

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…