How does a claimant meet the criteria necessary for reopening a “worsened condition” claim?
Inability to work factor: A total or partial inability to work is sufficient to meet the requirement of “a worsening of a compensable injury that results in the inability of the worker to work.” ORS 656.278(1)(a); Fred Bonnell, 55 Van Natta 2682 (2003); James J. Kemp, 54 Van Natta 491, 502 (2002). The “inability to work” issue is a medical question that must be addressed by medical evidence. Stuart T. Valley, 55 Van Natta 475, on recon 55 Van Natta 2521 (2003).
