An "aggravation claim" unfortunately is not a claim for compensation for the aggravation the goes along with being injured on the job in Oregon. Instead, it is a request to re-open a claim that has been closed for less than five years.
Only and "attending physician" can file an aggravation claim. The "attending physician" is the physician primarily responsible for your care when your claim was originally opened. A recent case confirms that another doctor, not your attending physician, cannot file an aggravation claim.
Another recent case from the Oregon Workers' Compensation Board confirms that the "aggravation" must be of the "accepted condition." The "accepted condition" is the medical condition that the insurance company took responsibility for when it issued a Notice of Acceptance. If your claim involves a Notice of Closure, you also should have received an "Updated Notice of Acceptance."
So, to prove an aggravation claim, you must show an "actual worsening" of the accepted condition. This can be an actual pathological worsening of the injury (some change in the anatomy), or a can be inferred by increased symptoms. Either way, the aggravation must be proven with "objective" medical evidence. This simply means that a doctor is able to observe the actual worsening through clinical tests, x-rays, or laboratory results.
These claims are difficult to prove, and can be tricky. If you are in the midst of an aggravation claim, and have questions, call us at 503-325-8600. We have answers.
