54 Van Natta 174 (2002). ANNA L. MIHOK, Claimant.

• Case Date: April 12, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 174 (2002). ANNA L. MIHOK, Claimant 174In the Matter of the Compensation of ANNA L. MIHOK, ClaimantWCB Case No. 01-03824ORDER ON REVIEWS David Eves PC, Claimant AttorneysAlice M Bartelt, SAIF Legal, Defense AttorneysReviewing Panel: Members Biehl, Bock, and Phillips Polich.1Claimant requests review of Administrative Law Judge (ALJ) McWilliams' order that upheld the SAIF Corporation's denial of her occupational disease claim for bilateral hand conditions. On review, the issue is compensability. We adopt and affirm the ALJ's order with the following supplementation. In November 2000, claimant began to experience pain in both hands. (Ex. 1). The problems continued over the next few months, and eventually, claimant filed a claim for her bilateral hand conditions. (Ex. 2; 3). SAIF denied the claim. (Ex. 10). Claimant requested a hearing. The ALJ determined that Dr. Vela's opinion (attending physician) was the only expert opinion in the record arguably supporting compensability. The ALJ found that Dr. Vela did not attribute claimant's right hand condition to her work activities. With regard to claimant's left hand condition, the ALJ found that Dr. Vela's causation opinion was not persuasive. Consequently, the ALJ concluded that claimant had failed to establish the compensability of her bilateral hand conditions. Claimant seeks to establish the compensability of her bilateral hand conditions, as an occupational disease. Therefore, she must prove that her work activities were the major contributing cause of the disease, not just the major contributing cause of the disability or treatment associated with it. ORS 656.802(2)(a). To satisfy the "major contributing cause" standard, claimant must establish that her work activities contributed more to the claimed conditions than all other factors combined. See, e.g., McGarrah v. SAIF, 296 Or 145, 146 (1983). 1 After consultation with the Department of Justice, this Board has chosen to exercise its right to issue orders as a panel of three pursuant to ORS...