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Lindhag v. State10/7/2005
issues. Upon reopening a claim due to change in conditions, "the issue before the Board is sharply restricted to the question of extent of improvement or worsening of the injury on which the original award was based." In other words, "neither party can raise original issues such as work-connection, employee or employer status, occurrence of a compensable accident, and degree of disability at the time of the first award." Here, Lindhag is introducing new evidence for proof of causation, to support the notion that her injury is work-related. This is an "original issue" not contemplated by change-in-conditions modification. Thus, the board did not abuse its discretion in denying Lindhag's request for modification on these grounds.
3. Due Process
Finally, Lindhag makes a cursory argument that denial of her petition for rehearing deprived her of her due process rights. Because we will not consider an issue "given only a cursory statement in the argument portion of a brief," we decline to consider whether Lindhag's due process rights were violated.
V. CONCLUSION
Because the board's denial of benefits to Lindhag for non-encephalopathic conditions was supported by substantial evidence, and because the board did not err in rejecting Lindhag's petition for modification, which presented new evidence without due diligence and which failed to offer any evidence of a change in her condition, we AFFIRM the superior court decision upholding both orders by the board.
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