Opinion
WCB 85-0546M; CA A38274 (Control), A39360
Argued and submitted January 30, 1987.
Affirmed February 25, 1987.
Judicial Review from Workers' Compensation Board.
Jerry K. Brown, McMinnville, argued the cause for petitioner. With him on the brief was Cummins, Cummins, Brown Goodman, P.C., McMinnville.
William H. Schultz, Portland, argued the cause for respondent. On the brief were Peter W. Preston, and Pozzi, Wilson, Atchison, O'Leary Conboy, Portland.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Affirmed.
Employer seeks review of an order of the Workers' Compensation Board awarding claimant additional temporary total disability. The Board reopened the claim, on which aggravation rights had expired, on its own motion, without expressly finding that there had been a worsening of the compensated condition. The Board, on its own motion, is not authorized to award such benefits without that finding.
On de novo review, we find that claimant has shown that he has suffered a worsening of his compensable condition and that the Board correctly reopened the claim, thereby authorizing the award of temporary total disability. See Gwynn v. SAIF, 84 Or. App. 67, 733 P.2d 895 (1987).
Affirmed.