54 Van Natta 250 (2002). JEFFERY C. PELLA, Claimant.
Case Date | April 30, 2002 |
Court | Oregon |
Oregon Worker Compensation
2002.
54 Van Natta 250 (2002).
JEFFERY C. PELLA, Claimant
250In the Matter of the Compensation of JEFFERY
C. PELLA, ClaimantWCB Case No. 01-01048, 00-07999ORDER ON REVIEWWestmoreland and Mundorff, Claimant
AttorneysJulie Masters,
SAIF Legal, Defense Attorneys Reinisch Mackenzie Healey Et Al,
Defense AttorneysReviewing Panel: Members Biel, Bock and Phillips Polich.1
MemberPhillips Polich dissents. Claimant requests review of Administrative Law Judge (ALJ)
Mills' order that: (1) set aside the SAIF Corporation/Pacific Coast Seafoods'
(SAIF/Pacific's) denial of claimant's medical services claim for a L4-5 back
condition; and (2) upheld SAIF/Point Adams Packing Company's (SAIF/Point
Adams') denial of claimant's "new injury" claim for
the same condition. On review, the issue is responsibility. We adopt and affirm the ALJ's order with the following
supplementation. Claimant sustained a compensable
lumbosacral contusion, lumbosacral strain and L4-5 disc herniation while
employed by Pacific Coast Seafoods in 1996. He
underwent surgeries related to the injury in January 1997 and February 1998,
and was awarded 29 percent unscheduled permanent disability. In April 1999
claimant entered into a Claim Disposition Agreement (CDA) with SAIF/Pacific,
resolving all of his "non-medical service" benefits. On May 31, 2000, his first day of employment with Point Adams Packing
Company since December 1999, claimant was required to
lift 20-pound boxes of shrimp over the course of a 10-hour shift. The following
morning, he experienced back pain and numbness in his left leg. Claimant sought
medical treatment and eventually underwent a third L4-5 surgery in April 2001.
Both SAIF/Pacific and SAIF/Point Adams conceded that
claimant's condition was compensable. Each denied responsibility for the claim.
Relying in part on the medical opinion of Dr. Tanabe,
the neurosurgeon who performed claimant's first two surgeries, the ALJ
concluded that claimant had not sustained a "new compensable injury" while
working for Point Adams Packing 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 250 (2002)251Company. Consequently,
applying ORS 656.308(1), the ALJ upheld SAIF/Point Adams' denial and set aside the denial of responsibility issued by
SAIF/Pacific. Claimant seeks review, contending that
the medical opinion of his treating neurosurgeon, Dr. Grewe, was more
persuasive than that of Dr. Tanabe, and was sufficient to establish a "new
compensable injury" during his employment with Point
Adams. We disagree. Under ORS 656.308(1),
SAIF/Pacific remains responsible for claimant's L4-5
disc condition unless his work with Point Adams Packing Company was the major
contributing cause of his disability or need for treatment for the combined
condition.2 See SAIF v Britton, 145 Or App 288, 291-92 (1996).
Because of the possible alternative causes for claimant's current condition,
resolution of this matter is a complex medical question that must be resolved
by expert medical opinion. Uris v. Compensation Department,
247 Or 420 (1967). In considering differing medical opinions as to causation,
more...
To continue reading
Request your trial