54 Van Natta 176 (2002). FRANCES K. CONEY, Claimant.

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

Oregon Worker Compensation 2002. 54 Van Natta 176 (2002). FRANCES K. CONEY, Claimant 176In the Matter of the Compensation of FRANCES K. CONEY, ClaimantWCB Case No. 01-03854ORDER ON REVIEWDaniel M Spencer, Claimant AttorneysRandy Rice AAL, Defense AttorneysReviewing Panel: Members Biehl, Phillips Polich, and Bock.1The insurer requests review of Administrative Law Judge (ALJ) Peterson's order that set aside its denial of claimant's low back injury claim. On review, the issue is compensability. We adopt and affirm the ALJ's order with the following supplementation. On review, the insurer argues that the ALJ erred in applying a material contributing cause standard, rather than the major contributing cause standard of ORS 656.005(7)(a)(B). Further, the insurer contends that, even if a material cause standard is employed, medical evidence in support of the claim is insufficient to satisfy claimant's burden of proof. For the reasons set forth below, we conclude that claimant's low back injury is compensable. ORS 656.005(7)(a)(B) provides that if an injury combines at any time with a preexisting condition to cause or prolong disability or a need for treatment, the combined condition is compensable if the work injury was the major contributing cause of the disability and/or need for treatment of the combined condition. In Multifoods Specialty Distribution v. McAtee, 164 Or App 654, 662 (1999), the court held that a "combined condition" under ORS 656.005(7)(a)(B) may constitute either an integration of two conditions or the close relationship of those conditions, without integration. Thus, in order for there to be a "combined condition," there must be at least two conditions that merge or exist harmoniously. Luckhurst v. Bank of America, 167 Or App 11 (2000). Where, as here, the causation issue involves complex medical questions, we necessarily rely on expert medical opinions. Uris v. Compensation Dept., 247 Or 420 (1967); Barnett v. SAIF, 122 Or App 279 (1993). This case is complex 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 656.718(2) and (3). 54 Van Natta 176 (2002)177because claimant sought treatment for back pain on December 19, 2000, approximately three weeks before her reported work injury. Further complicating the...