Perry v. SAIF Corporation

Claimant filed a claim alleging an aggravation under ORS 656.273(1), which provides:

“After the last award or arrangement of compensation, an injured worker is entitled to additional compensation, including medical services, for worsened conditions resulting from the original injury.”

The issue in dispute is whether claimant has established “worsened conditions” within the aggravation period simply because he was hospitalized for treatment of the underlying condition. The referee, as the factfinder, found no worsening. The Workers’ Compensation Board on de novo review found no worsening.

The…