54 Van Natta 181 (2002). JOSE L. HERMIDA, Claimant.

Case DateApril 15, 2002
CourtOregon
Oregon Worker Compensation 2002. 54 Van Natta 181 (2002). JOSE L. HERMIDA, Claimant 181In the Matter of the Compensation of JOSE L. HERMIDA, ClaimantWCB Case No. 00-09609ORDER ON REVIEWMichael B Dye, Claimant AttorneysJohnson Nyburg and Andersen, Defense AttorneysReviewing Panel: Members Biehl, Phillips Polich, and Bock.1 MemberPhillips Polich concurs. Claimant requests review of that portion of Administrative Law Judge (ALJ) Menashe's order that upheld the insurer's denial of his "current" left lateral epicondylitis condition. On review, the issue is compensability. We adopt and affirm the ALJ's order with the following supplementation. In July 1999, claimant filed a claim for left elbow pain. (Exs. 1, 2, 3). Claimant was seen by Dr. McDonald, and diagnosed with left lateral epicondylitis. (Exs. 2; 4; 5). On September 21, 1999, the insurer accepted that condition. (Ex. 9). In November 1999, Dr. McDonald declared claimant's condition stationary with no permanent residuals. (Ex. 14). In February 2000, claimant began working for a different employer. (Tr. 11). On July 14, 2000, claimant saw Dr. Quijano with complaints of "recurrent" left elbow pain mostly dependent on activity.2 (Ex. 15). Claimant filed a claim for aggravation. (Ex. 16). On November 6, 2000, claimant was examined (at the insurer's request) by Dr. Woodward. (Ex. 18). Dr. Woodward diagnosed: (1) "lateral epicondylitis, resolved;" and (2) "possible recurrent lateral epicondylitis." Reasoning that claimant's initial epicondylitis condition had resolved, Dr. Woodward opined that 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). 2 This was the only time that Dr. Quijano saw claimant. 54 Van Natta 181 (2002)182claimant's "current" left elbow symptoms were not related to claimant's June 1999 claim. (Ex. 18-8). Dr. Quijano concurred with Dr. Woodward's opinion. (Ex. 20). The insurer denied the aggravation claim and...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT