MacDonald v. Safeway Stores, Inc.

Claimant seeks review of a Workers’ Compensation Board order which reversed the referee’s order setting aside employer’s notice of claim closure and awarding penalties and attorney fees. He contends that the Board erred in concluding that the referee did not have jurisdiction to review the claim closure or, in the alternative, that he did not prove an aggravation. On de novo review, ORS 656.298, we affirm.

Claimant sustained a compensable low back injury on May 24, 1983, while working for employer as a grocery clerk. On June 3, Dr. Boyd, claimant’s treating physician, released him for “limited…