Claims for new and omitted medical conditions
Source:
Section 656.267 — Claims for new and omitted medical conditions, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
Under former similar statute (ORS 656.262)
Clause permitting worker to file new claim at any time prevents application of claim preclusion doctrine to claim, but does not prevent application of issue preclusion doctrine. Evangelical Lutheran Good Samaritan Society v. Bonham, 176 Or App 490, 32 P3d 899 (2001), Sup Ct review denied
In general
New medical condition claim for worsened condition is subject to time limitations for aggravation rights under claim for original injury. Davis v. SAIF, 185 Or App 500, 60 P3d 578 (2002)
Where worker files claim for new medical condition, provision that insurer need not accept each and every diagnosis or medical condition with particularity if acceptance reasonably apprises claimant of nature of compensable conditions refers to acceptance of new medical condition claim, not acceptance previously issued by insurer. Rose v. SAIF, 200 Or App 654, 116 P3d 913 (2005)
Where claimant suffered compensable knee injury and, after claim closed, developed separate condition in same knee that doctors stated was consequential condition, and claimant brought aggravation claim for consequential condition, claim was properly denied because aggravation claim must be based on worsening of underlying condition instead of on consequential condition. Nacoste v. Halton Co., 275 Or App 600, 365 P3d 1098 (2015)
New medical condition claim cannot precede initial claim acceptance. Coleman v. SAIF, 304 Or App 122, 466 P3d 967 (2020), Sup Ct review denied
Although physician may make claim on behalf of patient, request must be clear request that complies with requirements of this section rather than physician’s chart notes. Coleman v. SAIF, 304 Or App 122, 466 P3d 967 (2020), Sup Ct review denied
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