54 Van Natta 31 (2002). DEANNA L. WHETSTINE, Claimant.

• Case Date: January 14, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 31 (2002). DEANNA L. WHETSTINE, Claimant 31In the Matter of the Compensation of DEANNA L. WHETSTINE, ClaimantWCB Case No. 00-02871ORDER ON RECONSIDERATIONScott M McNutt Sr, Claimant AttorneysCummins Goodman Et Al, Defense AttorneysReviewing Panel: Members Bock, Haynes, and Biehl. Member Biehl chose not to sign the order. On December 11, 2001, we abated our November 13, 2001 order that affirmed an Administrative Law Judge's (ALJ's) order that upheld the self-insured employer's denial of claimant's injury claim for a stress fracture and complex regional pain syndrome/reflex sympathetic dystrophy. We took this action to consider claimant's motion for reconsideration. Having received the employer's response, we proceed with our reconsideration. Claimant argues that the stress fracture should be analyzed under a material contributing cause standard, and that all other conditions should be analyzed as combined conditions under ORS 656.005(7)(a)(B), not as consequential conditions under ORS 656.005(7)(a)(A). The employer responds that, because the preponderance of credible medical evidence did not establish that claimant even had a stress fracture, it makes no difference what standard of compensability applies. The employer asserts that the only other condition at issue was claimant's complex regional pain syndrome/reflex sympathetic dystrophy (CRPS/RSD) condition. The employer argues that proving the existence of a stress fracture was a condition precedent to finding compensability of the CRPS/RSD condition and because claimant failed to establish a compensable stress fracture, it is irrelevant whether claimant's CRPS/RSD condition is analyzed as a combined or consequential condition. In our previous order, we were not persuaded by Dr. James' opinion that claimant had sustained a stress fracture in her right leg as a result of the June 10, 1999 work injury. Instead, we relied on the opinion of Dr. Young, as supported by Drs. Korpa, Minser, Lewis, Fennell, Jackson, Williams, Woodward, Farris, Ochoa and Bell, and concluded that the medical...