Hoke v. Libby, McNeil & Libby

Claimant petitions for review of an order of the Workers’ Compensation Board upholding the denial of his aggravation claim. We modify the order to clarify the issues of attorney fees and penalties and otherwise affirm.

To establish an aggravation claim, a claimant must prove by a preponderance of the evidence a worsening, of his condition since the last award or arrangement of compensation and a causal relation between that worsening and his compensable injury. ORS 656.273(1); Brewer v. SAIF, 59 Or App 87, 89-90, 650 P2d 947 (1982). Claimant has not sustained his burden of proving that his…