54 Van Natta 224 (2002). SHARON R. FARLEY, Claimant.

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

Oregon Worker Compensation 2002. 54 Van Natta 224 (2002). SHARON R. FARLEY, Claimant 224In the Matter of the Compensation of SHARON R. FARLEY, ClaimantWCB Case No. 01-02211, 00-08421ORDER ON REVIEWMustafa T Kasubhai PC, Claimant AttorneysReinisch Mackenzie Et Al, Defense AttorneysReviewing Panel: Members Phillips Polich, Bock, and Biehl.1The insurer requests review of Administrative Law Judge (ALJ) Mongrain's order that: (1) set aside its denial of claimant's occupational disease claim for a bilateral thumb condition; (2) set aside its denial of claimant's consequential condition claim for myofascial pain syndrome; and (3) awarded a $7,000 assessed attorney fee pursuant to ORS 656.386(1) regarding both denials. On review, the issues are compensability and attorney fees. We adopt and affirm the ALJ's order with the following supplementation. In April 1999 claimant injured her back lifting boxes at work. (Ex. B1). The claim was accepted as a disabling "thoracic strain," and processed to closure on May 25, 2000 without an award of permanent disability. (Exs. B29; B64). Claimant requested reconsideration. An Order on Reconsideration awarded 8 percent (25.6 degrees) unscheduled permanent disability.2 (Ex. 69). Thereafter, claimant requested that the insurer accept "myofascial pain syndrome." On March 13, 2001, the insurer expressly denied the compensability of that condition. (Ex. B72). Claimant requested a hearing. Separately, in July 2000, claimant filed a claim for bilateral thumb pain (later diagnosed as arthritis of the carpometacarpal joint of the thumbs) associated with gripping. (Ex. A1; A13-2). On November 1, 2000, the insurer denied the compensability of the bilateral thumb condition. (Ex. A12). Claimant requested a hearing. 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 Dr. Southworth performed a medical arbiter evaluation as a part of the reconsideration process. (Ex. B68). Neither party challenged the Order on Reconsideration. 54 Van Natta 224 (2002)225Both hearing requests were consolidated into a single hearing. With regard to claimant's bilateral thumb condition, the ALJ relied on the opinion of Dr. Webb (attending physician) to conclude that claimant had established the compensability of her bilateral thumb condition as an occupational disease. Consequently, the ALJ set aside the insurer's denial. The ALJ also awarded claimant a $3,500 assessed attorney pursuant to ORS 656.386(1) regarding that denial. With regard to claimant's myofascial pain syndrome, the ALJ found that the persuasive medical evidence established that claimant's "thoracic strain" and "myofascial pain syndrome" were separate conditions. Relying on the attending physician's (Dr. Fridinger's) opinion, the ALJ concluded that the major contributing cause of claimant's "myofascial pain syndrome" was the accepted thoracic strain condition. Consequently, the ALJ...