54 Van Natta 213 (2002). ALAN J. DOFFING, Claimant.

• Case Date: April 24, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 213 (2002). ALAN J. DOFFING, Claimant 213In the Matter of the Compensation of ALAN J. DOFFING, ClaimantWCB Case No. 00-06170ORDER ON REVIEWCary Et Al, Claimant AttorneysJohnson Et Al, Defense AttorneysReviewing Panel: Members Biehl, Bock, and Phillips Polich.1The insurer requests review of Administrative Law Judge (ALJ) Mongrain's order that set aside its denial of claimant's injury claim for a cervical disc condition. On review, the issues are timeliness of claim filing and compensability. We adopt and affirm the ALJ's order with the following supplementation. Claimant is a heavy equipment operator. (Tr. 9). On December 23, 1999, he had the onset of left shoulder pain coincident with driving a front-end loader over a "4x4." (Tr. 14). Claimant testified that, on that day, he informed his supervisor (Ms. Siemer) that he had "pulled a muscle or something" while driving "out in the pit." (Tr. 18-19). Over the next several days, claimant continued to work; his shoulder pain intensified. (Tr. 15 to 16 ). Eventually, claimant sought medical treatment from Dr. Bates on January 25, 2000. (Ex. 3). Dr. Bates referred claimant to Dr. Freudenberg, for an orthopedic evaluation. (Id.). Dr. Freudenberg believed claimant's shoulder pain was the result of a cervical disc and recommended an MRI. (Ex. 4). A March 9, 2000 MRI (as interpreted by Dr. Bickel) showed "a prominent extradural defect at C6-7. (Ex. 5). Claimant was referred to Dr. Parvin. (Ex. 6). Claimant filed an 801 form on March 30, 2000. (Ex. 9). Dr. Parvin performed a cervical decompression (including diskectomy and partial vertebrectomy) with anterior fusion at C6-7. (Ex. 12). 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 213 (2002)214On June 16, 2000, the insurer denied the claim. (Ex. 20). Claimant requested a hearing. The ALJ found, from claimant's credible manner (demeanor), that: (1) claimant experienced pain in the left shoulder while working on December 23, 1999; and (2) he informed his supervisor (Ms. Siemer) of that fact. Finding that Ms. Siemer's lack of recall of that conversation did not contradict claimant's testimony, the ALJ concluded that the employer had "knowledge of the injury"...