54 Van Natta 250 (2002). JEFFERY C. PELLA, Claimant.

Case DateApril 30, 2002
CourtOregon
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...

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