54 Van Natta 14 (2002). EDWARD A. MICHALSKI, Claimant.
Case Date | January 10, 2002 |
Court | Oregon |
Oregon Worker Compensation
2002.
54 Van Natta 14 (2002).
EDWARD A. MICHALSKI, Claimant
14In
the Matter of the Compensation of EDWARD A. MICHALSKI,
ClaimantWCB
Case No. 00-03240ORDER
ON REVIEWBlack Chapman
Et Al, Claimant AttorneysSather Byerly and Holloway, Defense AttorneysReviewing Panel: Members Haynes, Bock,
and Phillips Polich. MemberPhillips Polich
chose not to sign the order. The insurer requests
review of Administrative Law Judge (ALJ) Stephen Brown's order that set aside its denial of claimant's occupational
disease claim for a cervical condition. On review, the issue is compensability.
We reverse. FINDINGS OF FACT We adopt the ALJ's findings of fact with the following correction and
supplementation. We replace the last sentence in the second finding of fact
with the following. On February 10, 2000, Dr. Frank, neurosurgeon, examined
claimant on referral from Dr. Meharry, M.D., claimant's treating physician.
(Ex. 11). Dr. Frank found that claimant's January 18,
2000 MRI showed degenerative disc disease at C5-C6 and C6-C7 levels, with an
osteophyte and evidence of a soft disc herniation at C5-C6 on the right. He
opined that claimant had a right C6 radiculopathy and recommended aggressive
physical therapy. (Ex. 11-2). As a result of Dr. Frank's recommendation, Dr.
Meharry prescribed physical therapy. (Exs. 12, 13). Dr. Meharry last examined
claimant on April 18, 2000, for a follow up after claimant completed his course
of physical therapy. (Ex. 18). On April 4, 2000, Dr.
Radecki, who specializes in neurophysiology and physical medicine, and Dr.
Woodward, orthopedist, examined claimant on behalf of the insurer. (Ex. 15).
They opined that: (1) claimant had preexisting cervical spondylosis and small
disc herniations at C5-C6 and C6-C7 levels; (2) with aging, the personal
factors of increasing cervical spondylosis have finally become symptomatic; (3)
work did not cause claimant's conditions or complaints; and (4) there is no
evidence that claimant's work exposure worsened his underlying pathology. (Ex.
15-5, -6). On May 17, 2000, Dr. Meharry concurred
with Drs. Radecki's and Woodward's April 4, 2000
report. (Ex. 19). 54 Van Natta 14
(2002)15After reviewing the record, Dr.
Frank also concurred with Drs. Radecki's and Woodward's April 4, 2000 report.
(Ex. 20). In addition, Dr. Frank opined that claimant had...
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