SHAW v. PACCAR WAGNER MINING

(96-0277M; WCB 96-10371; CA A100807)

983 P.2d 1050 (1999)

161 Or. App. 60

In the Matter of the Compensation of John B. Shaw, Claimant. John B. SHAW, Petitioner, v. PACCAR WAGNER MINING, Respondent.

Court of Appeals of Oregon.

Decided June 2, 1999.


Attorney(s) appearing for the Case

Linda C. Love, Lake Oswego, argued the cause and filed the brief for petitioner.

David Johnstone, Portland, argued the cause for respondent. With him on the brief was VavRosky, MacColl, Olson, Busch & Pfeifer, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.


HASELTON, J.

Claimant seeks review of a Workers' Compensation Board order that (1) denied his request for reclassification of his claim from "nondisabling" to "disabling"; and (2) held that, pursuant to ORS 656.273(4)(b), claimant's aggravation rights expire five years after the date of his injury. We conclude that the Board erred in considering claimant's request for reclassification as a "matter concerning a claim" under ORS 656.283. See Alcantar-Baca v. Liberty...

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