Normandeau v. Aetna Casualty & Surety Co.

Claimant seeks review of a Workers’ Compensation Board order determining that the five-year period during which he has a right to bring aggravation claims runs from the date of his injury. We review for errors of law and substantial evidence, ORS 656.298(6); 183.482(8), and affirm.

Claimant suffered a back injury in 1986, which the insurer accepted as nondisabling.1 Claimant did not challenge the classification. When the insurer sought to close the claim in 1990, it mistakenly submitted a determination order request to the Evaluation Section of the Department of Insurance and Finance (DIF).2…