Opinion
WCB 96-01221; CA A96001
Argued and submitted July 9, 1997
Reversed and remanded for reconsideration October 1, 1997
Judicial Review from Workers' Compensation Board.
John M. Pitcher argued the cause and filed the brief for petitioner.
Dale C. Johnson argued the cause for respondent. With him on the brief was Malagon, Moore, Johnson Jensen.
Before Warren, Presiding Judge, and Edmonds and Armstrong, Judges.
PER CURIAM
Reversed and remanded for reconsideration.
Employer seeks review of a decision in which the Workers' Compensation Board held that an administrative law judge's (ALJ) previous unappealed award of permanent disability foreclosed employer from denying claimant's current back problems. See Deluxe Cabinet Works v. Messmer, 140 Or. App. 548, 915 P.2d 1053, rev den 324 Or. 305 (1996). The legislature has since amended ORS 656.262(10) to read, in part:
"Payment of permanent disability benefits pursuant to a determination order, notice of closure, reconsideration order or litigation order, or the failure to appeal or seek review of such an order or notice of closure, shall not preclude an insurer or self-insured employer from subsequently contesting the compensability of the condition rated therein, unless the condition has been formally accepted." Or Laws 1997, ch 605, § 1 (new language emphasized).
The amendment expressly applies to "all claims or causes of action existing or arising on or after the effective date of this Act" and thus applies to this claim. Or Laws 1997, ch 605, § 2. The Board must reconsider the claim in light of that amendment.
Reversed and remanded for reconsideration.