54 Van Natta 241 (2002). CHERYL HUNTER, Claimant.

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

Oregon Worker Compensation 2002. 54 Van Natta 241 (2002). CHERYL HUNTER, Claimant 241In the Matter of the Compensation of CHERYL HUNTER, ClaimantWCB Case No. 01-04198ORDER ON REVIEWWelch Bruun and Green, Claimant AttorneysJohnson Nyburg and Andersen, Defense AttorneysReviewing Panel: Members Phillips Polich, Bock, and Biehl.1The insurer requests review of Administrative Law Judge (ALJ) Herman's order that affirmed an Order on Reconsideration that awarded 31 percent (99.2 degrees) unscheduled permanent disability. On review, the issue is extent of unscheduled permanent disability. We adopt and affirm the ALJ's order with the following supplementation. The ALJ relied on the opinion of the medical arbiter, Dr. Berselli, in affirming the Order on Reconsideration that awarded 31 percent unscheduled permanent disability. In reaching her conclusion, the ALJ rejected the insurer's argument that Dr. Berselli's report showed that claimant's condition had worsened since claim closure and that claimant was not medically stationary at the time of the arbiter's examination. Claimant had previously had L5-S1 left-sided laminotomy, foraminotomy and discectomy surgery on March 2, 2000 for her accepted L5-S1 disc herniation. In June 2000, claimant returned to her physician, Dr. Finizio, who diagnosed a re-herniation of the L5-S1 disc. Claimant was advised that if her symptoms did not improve, she would need surgery. On October 18, 2000, claimant was examined by Dr. Rosenbaum on behalf of the insurer. Dr. Rosenbaum found claimant medically stationary, with reduced ranges of lumbar motion and sensory loss in the left lateral foot. Dr. Rosenbaum opined that if claimant developed progressive and radiating pain in the left leg, the claim should be reopened for surgery. (Ex. 5-6). Claimant's attending physician concurred with Dr. Rosenbaum's report. A December 15, 2000 Notice of Closure awarded 15 percent unscheduled permanent disability. 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 241 (2002)242Dr. Berselli performed a medical arbiter examination on April 24, 2001. At that time, a second laminectomy/discectomy surgery had been scheduled for June 2001. Dr. Berselli did not indicate whether claimant was...