54 Van Natta 191 (2002). BRUCE M. ABERLE, JR., Claimant.

• Case Date: April 17, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 191 (2002). BRUCE M. ABERLE, JR., Claimant 191In the Matter of the Compensation of BRUCE M. ABERLE, JR., ClaimantWCB Case No. 01-00503ORDER ON REVIEWBrad L Larson, Claimant AttorneysJames B Northrop, SAIF Legal, Defense AttorneysReviewing Panel: Members Phillips Polich, Bock and Biehl.1The SAIF Corporation requests review of Administrative Law Judge (ALJ) Podnar's order that: (1) found that claimant's left ankle injury claim was timely filed; and (2) set aside SAIF's denial of that claim. On review, the issues are timeliness2 and compensability. We reverse. FINDINGS OF FACT We adopt the ALJ's "Findings of Fact," except for the last 2 sentences. CONCLUSIONS OF LAW AND OPINION Claimant currently suffers from subtalar bruising and degenerative changes in his left ankle. The record reveals the following history. On May 6, 1994, claimant sought treatment for left ankle pain from Dr. Kelly. Dr. Kelly reported claimant's history of injuring his left ankle "5 years ago, and [b]ecause of that, he is developing pain with a grinding sensation." (Ex. A). Claimant next sought treatment for left ankle pain from Dr. Tesar on September 30, 1998. Dr. Tesar reported claimant's history of having left ankle pain for seven years, stating that claimant sprained his ankle "at that time while at work." (Ex. 1). Dr. Tesar also reported that claimant experienced left lateral ankle pain "since that time if he stands a lot on his left leg[.]" (Id.) 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. 718(2) and (3). 2 We do not address the timeliness issue, because we find that the claim fails on the merits in any event. 54 Van Natta 191 (2002)192In November 2000, claimant filed an injury claim for a November 1993 left ankle injury, stating that he "did the same thing again in 97 or 98." (Ex. 5). Claimant explained that...