concurring specially.
I concur in the majority opinion and write only to point out that our decision here is consistent with our recent decision in Walters v. Blincoe’s Magic Valley Packing Company, 17419 Slip Op. No. 8, Idaho (January 27, 1989).
In Walters, no compensation was being paid to the claimant as of the fifth anniversary of the accident. Here, Ryen was receiving medical treatment as of the fifth anniversary of his accident. Shortly thereafter, his spine was fused and he received temporary disability payments. From mid-August 1981 until August 1982 Ryen received compensation for permanent partial impairment. His medical benefits continued until 1987. When Ryen filed his application for hearing and request for additional compensation in July 1986, his compensation had not been discontinued, and his request for additional compensation was timely under I.C. § 72-706(2).