Naught v. Gamble, Inc./Pepsi Cola, Inc.

Claimant seeks review of the Workers’ Compensation Board’s dismissal of a portion of his aggravation claim on the ground that his request for hearing was untimely. Employer’s insurer, EBI Companies, asserts in its cross-petition that claimant’s remaining aggravation claim constitutes a new injury for which EBI is not responsible. We affirm on the petition and cross-petition.

Claimant sustained a compensable injury to his upper back while working for Dr. Pepper Bottling Co. on June 16, 1980. The claim was processed by Dr. Pepper’s insurance carrier, EBI. Claimant missed work for a brief period.…