What is the criteria necessary for reopening a pre-1966 injury claim?
A pre-1966 injury claim could involve a worsening of the compensable injury or a “post-aggravation rights” new or omitted medical condition claim that has been determined to be compensable. The requirements under those types of claim would apply, as explained above. A pre-1966 injury claim could also involve a medical services claim. Under such circumstances, the carrier may provide for reasonable and necessary medical services as listed in OAR 438-012-0037. Claimant may request relief from the Own Motion Board if he/she disputes the carrier’s processing of a pre-1966 injury medical services claim. Exception: There is an exception to the general rule that medical service claims for injuries occurring before 1966 are within the Board’s Own Motion jurisdiction. Medical service claims relating to a compensable injury that occurred from August 5, 1959 through December 31, 1965, and resulted in an award of permanent total disability are not in Own Motion jurisdiction. Instead, such claims m
