54 Van Natta 171 (2002). ANNE L. ERNST, Claimant.
Case Date | April 12, 2002 |
Court | Oregon |
Oregon Worker Compensation
2002.
54 Van Natta 171 (2002).
ANNE L. ERNST, Claimant
171In the Matter of the Compensation of ANNE L.
ERNST, ClaimantWCB Case No. 01-02036ORDER ON REVIEWHollander and Lebenbaum, Claimant AttorneysSather Byerly and Holloway, Defense
AttorneysReviewing Panel:
Members Biehl, Bock, and Phillips Polich.1The
self-insured employer requests review of Administrative Law Judge (ALJ)
Poland's order that set aside its denial of claimant's occupational disease
claim for bilateral carpal tunnel syndrome (CTS). On review, the issue is
compensability. We adopt and affirm the ALJ's order
with the following supplementation. Claimant was
required to establish that her work activities were the major contributing
cause of her CTS condition. See ORS 656.802(2)(a);
Jessica R.Porter, 53 Van Natta 672 (2001).
The ALJ concluded that compensability was demonstrated through the testimony of
claimant and by the persuasive opinion of claimant's treating physician, Dr.
Yoshinaga. The employer contends that Dr. Yoshinaga's
opinion should be discounted because he failed to explain why obesity was not a
factor in the causation of claimant's condition or how claimant's work
activities were specifically related to the onset of CTS. Further, the employer
asserts that the "major contributing cause" standard was not satisfied because,
in its view, the treating physician's medical opinions were contradictory and
incomplete. Because of the possible alternative
causes for claimant's CTS condition, this matter involves a complex medical
question that must be resolved by expert medical opinion. See Uris v.
Compensation Department, 247 Or 420 (1967). Such medical opinion need not be expressed to a degree of medical
certainty, only medical probability. See Robinson v. SAIF, 147
Or App 157, 160 (1997); Gormley v.
SAIF, 52 Or App 1055, 1060 (1981). When, as here, there is a dispute
between medical experts, more weight is given to those medical opinions that
are well reasoned and based on complete information. See Somers v.
SAIF, 77 Or App 259, 263 (1986). 1 After consultation with the Department of Justice, this
Board has chosed to exercise its right to issue orders as a panel of three
pursuant to ORS 656.718(2) and (3). 54 Van
Natta 171 (2002)172Dr. Yoshinaga's opinion
that claimant's condition resulted from her work activities...
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