55 Van Natta 1373 (2003). JAMES A. BRADLEY, Claimant.
Case Date | April 21, 2003 |
Court | Oregon |
Oregon Workers Compensation
2003.
55 Van Natta 1373 (2003).
JAMES A. BRADLEY, Claimant
1373In the Matter of the Compensation of JAMES A.
BRADLEY, ClaimantWCB Case No. 01-04561, 01-05069, 01-05327ORDER ON REVIEWFontana and Takaro, Claimant Attorneys
Johnson Nyburg and Andersen, Defense Attorneys James
B Northrop, SAIF Legal, Defense AttorneysReviewing Panel: Members Lowell and Phillips
Polich.The SAIF Corporation on behalf of
Accurate Auto Glass Service, Inc. (SAIF/Accurate), requests review of
Administrative Law Judge (ALJ) Otto's order that: (1) declined to rescind a
Workers' Compensation Division (WCD) order (pursuant to ORS 656.307)
designating it the paying agency for claimant's bilateral Raynaud's syndrome condition; (2) set aside its responsibility denial for
the same condition; (3) upheld Liberty Northwest Insurance Corporation's
responsibility denial, on behalf of Don's A-1 Glass, Inc. (Liberty/Don), for
the same condition; and (4) awarded a $9,000 assessed attorney fee. On review,
the issues are responsibility, potentially compensability, and attorney fees.
We affirm. FINDINGS OF FACT We adopt the ALJ's "Findings of Fact." We do not adopt the ALJ's
"Findings of Ultimate Fact." CONCLUSIONS OF LAW AND
OPINION Claimant works primarily as a glass
installer. From 1992 to 1997, claimant worked for Liberty/Don. From September
29, 1998 to December 15, 1998 and from January 11, 1999 to April 2, 1999,
claimant worked for SAIF/Accurate.1 Claimant's work
for both Liberty/Don and SAIF/Accurate involved the use of a variety of hand,
power, and pneumatic tools. One tool in particular, the Chicago Pneumatic Knife (CP838), generated very high speed
vibration. Claimant last used the CP838 in February or March 1999, while
working for SAIF/Accurate. 1 Claimant began working as a glass installer in 1988. From 1988 to 1997,
he was employed, on and off, by Don's. From 1990 to 1992, Don's was insured by
SAIF. 55 Van Natta 1373 (2003)1374In 1995 or 1996, claimant began to
experience pain and numbness in the fingers of both hands. He also noticed that
his fingers would turn white and throb, especially in cold wet weather. On May
30, 2001, claimant, while self-employed, first sought medical treatment for his
hand problems, which were diagnosed by Dr. Edwards as
Raynaud's syndrome. Claimant filed claims for that
condition with Liberty/Don...
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