Opinion
WCB 84-02476; CA A37693
On petitioner's reconsideration filed April 2, 1987.
Reconsideration allowed; former opinion ( 84 Or. App. 127, 733 P.2d 133) modified and adhered to as modified May 20, reconsideration denied August 20, petition for review pending 1987.
Judicial Review from Workers' Compensation Board.
James L. Edmunson, Karen M. Werner, and Malagon Moore, Eugene, for petition.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
DEITS, J.
Reconsideration allowed; former opinion modified and adhered to as modified.
Claimant has filed a petition for review, which we treat as a petition for reconsideration. ORAP 10.10. In our opinion, Krajacic v. Blazing Orchards, 84 Or. App. 127, 733 P.2d 113 (1987), we said:
"[The doctor's] statement that claimant's injury is permanent only indicates a waxing and waning of symptoms of the chronic condition for which he had received an award."
We grant reconsideration only to correct a factual error. Petitioner correctly points out that he had not received an award on his claim. As noted in our opinion, 84 Or App at 131, the claim was classified as nondisabling. We still hold that claimant did not perfect his aggravation claim within the statutory period.
Reconsideration allowed; former opinion modified and adhered to as modified.